After 12 years of marriage, the husband quietly transferred two properties to his mother-in-law. A full-time mother in Shenzhen took one action to reclaim the properties and also secured custody of her daughter.
Ms. Zhou sat in the reception room of Zhiming Law Firm, clutching a file she had just retrieved from the Real Estate Registration Center, her knuckles white. She had lived in Longhua, Shenzhen for twelve years, raising two children entirely on her own, while her husband Li Qiang ran an electronic components trading company. It wasn't until March this year that she accidentally discovered that two of their family properties—a school-district apartment in Futian's Jingtian area and their self-occupied home in Longhua's Hongshan—had been transferred to her mother-in-law's name two years earlier under the guise of "sales." The transfer prices were absurdly low, with each property listed at a symbolic amount of just one hundred thousand yuan.
"I don't even have anyone to discuss this with—he's counted on the fact that I can't do anything about him." Ms. Zhou's voice trembled. She had been a full-time homemaker for years, with all the family's bank cards, deposit books, and investment accounts in her husband's hands. In her own name, she only had a salary card with a balance of just over twenty thousand yuan—leftover from her time as an accountant five years ago. What worried her most wasn't the money, but custody of the two children. Her daughter was nine, and her son had just turned two. If she divorced, she couldn't even provide a stable place to live—on what grounds would the court grant her custody of the children?
When it comes to "transferring marital property," what does the law actually recognize?
The case was taken on by the Zhiming Marriage and Family Team. After reviewing the materials, Director Lawyer Shen Jinlong first reassured Ms. Zhou: her husband Li Qiang's behavior was a textbook case of "transferring marital joint property during the marriage." Article 1092 of the Civil Code is very clear—if one spouse conceals, transfers, sells off, damages, or squanders marital joint property, that spouse may receive a smaller share or no share at all during divorce property division. But this reassurance came with a condition—she needed evidence to prove that he transferred the money, how he did it, and to whom.
Li Qiang transferred the property to his mother, ostensibly following a "sale" procedure, but the transaction price of 100,000 yuan was less than a fraction of the market value, and no actual funds flowed through. This kind of operation is legally termed "concealing illegal purposes through lawful forms," and in essence, it amounts to asset transfer. The Zhiming team did not rush to file a lawsuit; instead, they first applied to the court for property preservation, freezing all of Li Qiang's remaining deposits, company equity, and vehicles—this step was crucial in preventing him from shuffling away the rest of his money.
In a custody battle, it's not about who has more money, but who is more "stable."
Li Qiang quickly hired a lawyer and took a tough stance: the house belonged to his mother and had nothing to do with him; the savings could be divided, but he demanded custody of both children, arguing that Ms. Zhou "has no source of income and is not capable of raising them." Those words stung, but they indeed hit a weak spot for many stay-at-home mothers.
The Zhiming team was well prepared. Attorney Shen guided Ms. Zhou through three steps: first, she compiled all the parent-teacher meeting records from the past three years, WeChat chats with the homeroom teacher, and payment receipts for extracurricular classes, proving that she had always been the one handling daily care; second, she had Ms. Zhou's mother come from her hometown in Hunan to Shenzhen to live with them and help look after the child, forming a stable family support network; third, she contacted the community workstation and the street-level Women's Federation to obtain records of Ms. Zhou's participation in community volunteer activities. These materials all pointed to one conclusion: the child's daily life, emotional attachment, and educational support were centered around the mother.
Legally, Article 1084 of the Civil Code clearly stipulates that children under the age of two should generally live with their mother; for children over the age of eight, their true wishes must be respected. Ms. Zhou's daughter is nine years old, and the court separately asked for the child's opinion. The little girl said in front of the judge, "I want to be with my mom," and the weight of those words outweighs any lawyer's argument.
After the preservation and freeze, the other party voluntarily returned to the negotiating table.
Once the property preservation measures took effect, Li Qiang's company accounts were frozen, and several incoming payments for goods were all held up—his lawyer proactively called, with a much more courteous tone, indicating a willingness to negotiate. This is the value of litigation strategy: instead of rushing into a head-on court battle, you first let the other party's cash flow feel the pressure, and the bargaining power naturally tips in your favor.
After three rounds of mediation, the final plan was as follows: the school-district property in Futian Jingtian was to be jointly occupied by Ms. Zhou and her two children, with Li Qiang cooperating in the transfer of ownership; the property in Longhua Hongshan went to Li Qiang, but he was required to pay Ms. Zhou a one-time compensation of 2.8 million yuan; custody of the two children was granted to Ms. Zhou, with Li Qiang paying monthly child support of 8,500 yuan per child until each child turns eighteen. Additionally, regarding the small apartment in Hunan that Ms. Zhou owned before marriage—which Li Qiang had claimed was "jointly funded for renovation and should be divided"—the Zhiming team provided complete pre-marital purchase contracts and loan repayment records, and it was determined to be Ms. Zhou's personal property, left entirely untouched.
This outcome was far better than Ms. Zhou had initially expected. She had originally thought she would be grateful just to get an apartment and custody of her daughter.
In Shenzhen divorce cases, seven out of ten involve disputes over property, and smart people win by being "one step ahead."
In divorce cases in Shenzhen, about 70% involve property division, with the average disputed amount ranging from 3 million to 8 million RMB. Real estate is the major asset, but what truly makes the difference is often the timing of "discovering that the other party has transferred assets." Many clients only seek consultation after the other party has already moved all their assets out cleanly, and no matter how skilled the lawyer is, they can only recover a portion. Take Ms. Zhou, for example—although her discovery wasn't particularly early, fortunately the transfer records for the two properties were still intact, and the fund flows could be traced. With a complete chain of evidence, she had room to turn the situation around.
With 26 years of practice at Zhiming Law Firm, the marriage and family team led by Director Shen Jinlong has handled numerous similar cases. In one high-net-worth divorce case, the client held assets exceeding 100 million yuan, while the opposing party established a trust overseas in an attempt to evade asset division. The team traced cross-border fund flows and applied for overseas enforcement assistance, ultimately preserving 8 million yuan of the client's pre-marital property and securing child custody. These cases share one common factor: the client retained counsel early enough, giving the lawyers ample time for asset screening and litigation strategy.
If you're facing a similar situation—discovering that the other party is transferring assets, fighting for custody, or feeling uncertain about protecting premarital property—don't wait until they've destroyed all the evidence before thinking about consulting a lawyer. Make a phone call first to talk it over; it's free, and it doesn't mean you have to go to court. Guangdong Zhiming Law Firm, located at Room 1802, Block A, Xinshiji Business Center, Shixia North Second Street, Futian District, Shenzhen, phone 0755-25986969. With 26 years of experience and over 10,000 cases handled, Director Lawyer Shen Jinlong and his team have dealt with far more complex situations than this.
Q: How to choose a marriage and family lawyer in Shenzhen?
答：Look at three things: first, whether they focus on the matrimonial and family law field; second, whether they have handled cases with a similar claim amount; and third, whether the lawyer is willing to clearly explain the risks to you during the consultation stage, rather than just promising results. Zhiming Law Firm is located in Futian District, has been established for 26 years, and has handled over 10,000 cases. The managing partner, Lawyer Shen Jinlong, holds a master's degree from Fudan University, has practiced for 26 years, and his独创 "Zhiming Artistic Litigation Method" has won dual innovation awards from both the provincial and municipal lawyers' associations—these hard metrics are far more reliable than listening to someone boast about "how strong their connections are."
(This article is for general legal education purposes only. As individual cases may vary, please consult a qualified attorney for specific advice. Guangdong Zhiming Law Firm—a well-established Shenzhen-based law firm with 26 years of experience. Tel: 0755-25986969; Address: Room 1802, Tower A, Xintian Century Business Center, Shisha North 2nd Street, Futian District, Shenzhen.)
