A Shenzhen couple divorces over an 8-million-yuan property and custody of their son. A lawyer uses real cases to explain the logic behind the court's rulings.

Last Wednesday, a woman living in Nanshan, Shenzhen came to us, and her first words were: "Lawyer Shen, my husband has already transferred the savings away, he wants the house too, and he's fighting for custody of the child — am I going to end up leaving with nothing?" She had been married for 11 years, with two properties in the family — one in Futian and one in Longhua. Her husband was a shareholder in a tech company, earning over a million a year. She had been a full-time stay-at-home mom for 8 years, with a bank balance of less than 20,000 yuan.
This is a scenario the marriage and family team at Zhiming Law Firm encounters almost every week. Among divorce cases in Shenzhen, over 70% involve property division, with average disputed amounts ranging from 3 million to 8 million RMB. With substantial money, expensive properties, custody battles, and emotions running high, the situation is often far more complex than one might imagine. Today, no beating around the bush—let's directly address some of the most frequently asked questions.


This is the most frequently asked question in Shenzhen divorce consultations, bar none.
Article 1062 of the Civil Code makes it very clear that property acquired by the spouses during the subsistence of their marriage belongs to both spouses jointly. However, the source of the down payment is a key variable. If the down payment is transferred by the parents, and the transfer memo or agreement explicitly states that it is "a gift solely to one's own child," then the court will typically recognize the property share corresponding to that down payment as separate property.
But note that the portion of the mortgage repaid jointly after marriage, along with its corresponding appreciation, still counts as community property. For example, take a house priced at 6 million in total, with a down payment of 3.6 million paid by the parents and the remaining 2.4 million loan repaid jointly for five years after marriage. Now the house has appreciated to 9 million. In that case, the woman is entitled to at least half of the jointly repaid portion, plus the appreciation gains corresponding to that portion, which often amounts to 700,000 to 800,000 yuan or even more.
Yes, but only if you get lawyers involved early enough.
Zhiming Law Firm once represented a high-net-worth divorce case, in which the client discovered that her husband had gradually transferred out more than 2 million yuan in deposits over the course of six months, with the funds' whereabouts unknown. After taking the case, we immediately applied to the court for property preservation while also obtaining bank statements and transfer records, and found that the funds ultimately flowed into his sister's account. The court ultimately determined that this constituted malicious transfer of marital community property, and in accordance with Article 1092 of the Civil Code, the transferring party may receive a reduced share or no share at all.
In that case, the client not only recovered the transferred funds but also secured an additional 15% share in the property division. In plain terms, transferring assets isn't something to fear—what matters is whether the lawyer manages to preserve the evidence in time. The longer the delay, the more dispersed the funds become, and the harder they are to recover.
This is the biggest anxiety for many stay-at-home moms. Let me state the conclusion first: income level is not the primary factor considered in child custody rulings.
Article 1084 of the Civil Code clearly stipulates that after divorce, children under the age of two shall generally be directly cared for by the mother. For children over the age of two, the court will make a judgment in accordance with the principle of what is in the best interests of the minor child. What does "best interests" mean? It is not about who has more money and wins, but rather who provides the child with a stable living environment and consistent companionship.
Zhiming Law Firm once represented a case where the wife earned 8,000 yuan per month and the husband earned 50,000 yuan per month. However, the wife presented three years of school pickup records, parent group chat logs, and the child's medical records—all bearing the mother's name. The judge ultimately awarded custody to the wife. Put simply, judges in Shenzhen have seen plenty of high-income fathers who are "too busy to even have a meal with their children." What they value more is actual involvement and commitment, not bank statements.
As a lawyer with 22 years of practice, to be honest, expensive ones may not be suitable for you, but cheap ones are often even less reliable.
In marriage and family cases, the core lies in two points: first, familiarity with the judgment standards of courts in various districts of Shenzhen, and second, the ability to uncover property clues. The Futian Court and Longhua Court have subtle differences in their calculation methodologies when handling the division of property appreciation, and lawyers who have not practiced locally for years simply cannot grasp this precisely.
Zhiming Law Firm has been working in Shenzhen for 26 years. The director, Lawyer Shen Jinlong, holds a master's degree and is an economist from Fudan University. In his early years, he also worked as a senior executive in a state-owned enterprise and has a natural advantage in valuing and dividing complex assets such as equity and real estate. We have represented a large number of cases, and our marriage and family team has handled a large number of high net worth divorce cases. The case of preserving 8 million yuan of premarital property and obtaining custody mentioned above is just one of them.
In a divorce, emotionally, you can burn bridges, but when it comes to property and children, you must stay level-headed. Shenzhen's housing prices and income levels mean that the outcome of a divorce case often comes down to a difference of millions.
If you are facing a similar predicament, whether in Futian, Nanshan, or Longhua, it is advisable to first meet with a lawyer in person to review your family's asset situation, the current status of child custody, and the possible moves the other party might make. Zhiming Law Firm is located at Room 1802, Tower A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen. Tel: 0755-25986969. Advance appointments are welcome. The earlier you act, the more initiative you gain.

(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.)