[5] Luo Mouhong's Property Damage and Daughter-in-Law Divorce Property Dispute Series Case
In-laws buy house under daughter-in-law's name, divorce leads to property dispute
[1] Removing the firewood from under the cauldron cleverly preserves the property in litigation.

Case Recap:
[2] Over thirty years of reform and opening-up in China's social development have led most families to gradually enter the well-off middle class. People generally value high-quality clothing, food, housing, and transportation, thus their demand for money has increased daily. Especially the post-80s and post-90s generations, mostly only children, have grown accustomed to luxury homes and cars, glittering jewels, and premium brands in the rapid tide of social development. Some talk endlessly about buying cars and houses, jewelry and diamonds, feeling unable to survive without a solid financial foundation. They compete fervently in the pursuit of material wealth, often neglecting their own emotional and physical compatibility needs, choosing instead partners with strong economic conditions and wealth to form seemingly affluent and comfortable families. This is like building a grand house on sand—once hit by life's storms, it inevitably collapses and falls apart.
[3] What I cannot agree with is that today's young students have completely lost the aloofness of ancient scholars. Many go all out to satisfy their extravagant vanity and muddled material desires. If they cannot "start a business," they must "generate income," so they use every means available. Those with powerful or wealthy parents rely on their connections; those with mothers who have income and savings live off their parents; those without family resources find a godfather or godmother to borrow influence; if none of these work, those with some looks or talent focus on pursuing a "rich second generation" or "official second generation." In short, they refuse to endure poverty, hardship, or suffering during their prime years—this is the mindset of many female college students. Some even gamble their youth for tomorrow...
[4] The series of disputes arising from the divorce and property division of Ma Mouyu and Luo Mouhong's son and daughter-in-law, which we handled, is a typical example.
[5] Seven years ago, Zhou Mouhui, a young girl from an ordinary family in an ancient northwestern city, was admitted to a university in the northwest for her undergraduate studies. Although from a modest background, she had some charm and, with her youthful vitality, appeared exceptionally graceful, which gave her high aspirations.
[6] In the spirited and passionate college life, Zhou Mouhui's horizons broadened, and her life goals climbed higher—she was determined never to return to the economically backward ancient northwestern city where she was born and raised, but to pursue a happy life in popular cities like Beijing, Shanghai, Guangzhou, and Shenzhen.
Of course, to embark on such a life, one must have a springboard... Zhou Mouhui knew well that, coming from an ordinary family, she could not rely on her parents' social connections; everything depended on herself. Yet, she was not an outstanding student, nor exceptionally talented; her greatest assets were her youth and looks... After weighing her options for a long time, Zhou Mouhui felt that finding a boyfriend from one of these four major cities with a good family background was more feasible. So, she asked her classmates to introduce her to male students from Beijing, Shanghai, Guangzhou, and Shenzhen.
Two years of college life passed, and through mutual introductions by classmates, Zhou Mouhui got to know Ma Mouli from Shenzhen, Guangdong.
Although Ma Mouli was from Shenzhen, he was truly unable to win Zhou Mouhui's heart; not only was he short in stature, but he was also taciturn in speech and ordinary in appearance...
Ma Mouli, however, fell in love at first sight with Zhou Mouhui and was very attentive, finding several excuses to date her. Without any more appealing suitors pursuing her, Zhou Mouhui did not reject Ma Mouli, and the two deepened their understanding through several interactions and contacts. When Zhou Mouhui learned that Ma Mouli's family had quite good financial conditions, with a foreign-style house and luxury cars, his parents running a medium-sized enterprise, and the family having many investment projects, ripples stirred in her heart, and unconsciously, she grew closer to Ma Mouli...
Within less than a year, the two openly fell in love. During the winter break of their junior year in college, Zhou Mouhui followed Ma Mouli to Shenzhen to meet his parents, and the two even cohabited at the Ma family home. After graduating from their senior year, they returned to Shenzhen together, officially moved into the Ma family home, and quickly got married.
However, the "love" driven by vanity and material desires was inevitably short-lived and fragile, and it was bound to be fleeting...
Zhou Mouhui and Ma Mouli, a couple with starkly contrasting images and pursuits, had a fierce conflict within less than a year of marriage, leading to a public divorce and property dispute in the second year, ultimately staging a very typical drama of divorce and property division.
In fact, Ma Mouli, who had only worked for two years after graduation, did not have much worth fighting over, and Zhou Mouhui naturally had even less. Their house and car were bought by Ma Mouli's parents for their son's marriage, and Zhou Mouhui, a beautiful and clever daughter-in-law, used the old couple's money to invest and purchase more...
If Zhou Mouhui were still their daughter-in-law, the Ma couple would spare no expense for the young pair. But Zhou Mouhui wanted to divorce their son, making her an outsider after the divorce. After only two years of marriage, she was about to take away millions in family assets...
Seeing that the vast wealth they had earned through wisdom and hard work over half a lifetime was about to be snatched away by an "outsider," Ma Mouli's parents were deeply unwilling. Yet, after consulting many legal "experts," they were told that Zhou Mouhui's legal right to divide the jointly owned property—such as the house and car purchased after marriage—was unavoidable. Even if it was clear that Zhou Mouhui married Ma Mouli for the Ma family's wealth, the property the old couple had invested in their son's marriage could not be recovered...
Fortunately, there is always a way out. The Ma couple, recommended by a friend, came to the Zhiming Litigation Art Research Center of Guangdong Zhiming Law Firm, which specializes in handling various complex and difficult cases. Attorney Wang Tengfeng's team received them, diagnosed the situation, and applied targeted solutions. Ultimately, they peacefully resolved the escalating conflict, reasonably and legally protected the Ma family's vast assets from significant loss, and avoided a chain of disputes over property damage and divorce that would have caused great harm.
What exactly happened in this case? During the winter break of 2014, Ma Mouli, the plain-looking only son of the Ma couple, brought home his beautiful girlfriend, Zhou Mouhui, just before graduating from university. When the two returned together from school to the Ma family home in Shenzhen, the Ma couple was overjoyed to see Zhou Mouhui's tall, slender figure and lovely face. They immediately treated her as their future daughter-in-law and actively began preparing for the wedding...
After several prior discussions with both sets of parents, Ma Mouli and Zhou Mouhui registered for a marriage certificate at the civil affairs department in Shenzhen before graduating from university and settling into jobs, establishing their legal marital relationship, and held a rather dignified wedding ceremony in early 2014.
However, shortly after their marriage, Zhou Mouhui frequently expressed her grievances on various occasions, openly admitting that she looked down on her husband Ma Mouli, and that she, young and beautiful, would never have married him if not for his parents' considerable financial strength and substantial family assets.
After the 2014 Spring Festival, both Ma Mouli and Zhou Mouhui graduated from university and quickly found satisfactory jobs in Shenzhen.
As life and work became more settled, Zhou Mouhui, whose mindset was already unbalanced, grew increasingly restless after constantly meeting new friends and encountering new things. She found it harder to suppress her feelings, and the more she looked at her husband Ma Mouli, the more she found his demeanor and behavior unbearable, to the point where she disdained eating at the same table with him during the day and resisted sharing the same bed at night...
In the prime of their youth, the newlyweds' marriage existed in name only, with almost no sexual life between them. Consequently, the energetic Ma Mouli felt extremely oppressed and miserable. Unable to relieve his inner anguish, the taciturn Ma Mouli reluctantly "fulfilled" Zhou Mouhui's "wish" by seeking places and women outside to vent his sexual desires.
However, the "clever" Zhou Mouhui, fully aware that Ma Mouli was philandering outside, remained composed, still chatting and laughing with her in-laws—the old Ma couple—and showing them care and concern. Faced with their beautiful, enthusiastic, intelligent, and ingratiating daughter-in-law Zhou Mouhui, the old Ma couple were overjoyed and delighted, agreeing to whatever she said and giving her whatever she wanted. Shortly after the young couple's marriage, the old Ma couple bought Zhou Mouhui a nice car.
A year later, coinciding with the bull market in China's stock market in the first half of 2015, Lao Ma, with his rich investment experience and superb skills, timely sold off his stocks, profiting at the peak and earning tens of millions in cash. His daughter-in-law, Zhou Mouhui, upon seeing this, actively urged Lao Ma and his wife, saying, "Since you've exited the stock market and made a fortune, and the housing market is now so hot with prices soaring, plus it's not ideal for us young people to live with our parents long-term, why not invest in real estate quickly and buy several more apartments?"
Lao Ma and his wife found the clever daughter-in-law's reasoning very sound and soon agreed to invest in real estate. Daughter-in-law Zhou Mouhui then busily set things in motion. After extensive inquiries and contacts, Zhou Mouhui found two sellers of military housing for Lao Ma and his wife...
However, although military housing was not subject to Shenzhen's commercial housing purchase restrictions, it required a one-time payment of millions. These huge sums were naturally no small amount for Lao Ma and his wife, but for the sake of their son's marital happiness and their daughter-in-law's satisfaction, they resolutely followed Zhou Mouhui's instructions and promptly paid the millions to the two sellers.
Zhou Mouhui, who had long had other plans, seized the opportunity to sign the housing purchase agreements with the sellers in her own name and on behalf of her husband, Ma Mouli. Subsequently, she handled the internal property transfer registration at the military housing management agency. Thus, the two valuable properties were registered under the names of the young couple, Zhou Mouhui and Ma Mouli.
Regarding the procedures and processes of signing the purchase contracts and transferring ownership, based on their high trust and good wishes for their daughter-in-law Zhou Mouhui, Lao Ma and his wife did not pay much attention, care, or inquire at the time... After all, it was bought for the two children, and registering it under anyone's name was the same... Lao Ma and his wife thought, "If we treat our daughter-in-law so well, she should be content and will surely live sincerely with our son Ma Mouli, loving each other, having children, continuing the family line, and enjoying family happiness. As long as the young couple is well, we spare no effort." Unfortunately, their beautiful dream soon shattered...
The clever and beautiful wife and daughter-in-law, Zhou Mouhui, at a time when everything should have been satisfying, with marital harmony and a peaceful life, suddenly revealed a shocking new side that stunned everyone. In the second half of 2015, just two years into the marriage, Zhou Mouhui suddenly produced hotel surveillance videos showing "husband" Ma Mouli repeatedly cheating and checking in, and confronted Ma Mouli and Lao Ma and his wife: "My husband cheated, I want a divorce. Let's part amicably! All property under the couple's names will be split equally. Moreover, due to Ma Mouli's fault, I should get a larger share!"
Faced with the sudden huge upheaval, Old Ma and his wife were deeply shocked! They couldn't help but bitterly scold their son Ma Mouli for being unworthy—why, with a smart, beautiful, virtuous, and obedient wife at home, did he have to go out and cheat with disreputable women in hotels?! This made their perfectly good daughter-in-law insist on divorcing him?!
Full of grievances, Ma Mouli had to confess to his parents that soon after marriage, Zhou Mouhui had refused to share a bed with him and often showed disgust. Only then did Old Ma and his wife realize that this smart and beautiful daughter-in-law might have only been after their family's property, with no intention of living a real life with their son or having children. That's why, after three years of cohabitation and marriage, she had never become pregnant!
Seeing that the property they had earned through wisdom and hard work was about to be taken by an "outsider" through cunning means, amounting to millions in less than two years, Old Ma and his wife were deeply pained. They felt profoundly deceived and utterly unwilling to accept it!
Over the next six months, Ma Mouli, Zhou Mouhui, and both sets of parents—four people in total—engaged in numerous disputes and struggles, but the issue remained deeply deadlocked and unresolved. Daughter-in-law Zhou Mouhui, relying on the law, made exorbitant demands, determined to fight for the property. Son Ma Mouli and Old Ma and his wife were resolutely unwilling to let Zhou Mouhui, who had been married for less than three years and had not borne a single child for the Ma family, take away millions in family wealth. The two sides could never reach an agreement.
In utter desperation, Old Ma and his wife sought help from relatives and friends, searching everywhere for legal experts, hoping to resolve this problem through the law and seek justice for themselves. However, every time they met with marriage experts or lawyers, the answer was always the same: according to Article 17 of China's Marriage Law and other provisions, the following property acquired by a husband and wife during the period of their marriage shall be jointly owned by them:
(1) wages and bonuses;
(2) income from production and business operations;
(3) income from intellectual property rights;
(4) property obtained through inheritance or gift, except as provided in Article 18, Item 3 of this Law;
(5) Other property that should be jointly owned. Husband and wife have equal rights to dispose of jointly owned property.
Thus it can be seen that the equal division of joint property under both names upon divorce is stipulated by Chinese law and must be observed. Moreover, since your son is the at-fault party due to his extramarital affair, the wife, who initiated the divorce, will legally receive no less than half of the property... No matter where this lawsuit is filed, you, Old Ma and your wife, have no chance of winning and must swallow this bitter pill!
As one can imagine, each time Old Ma and his wife met with marriage experts and lawyers, their disappointment and pain deepened. In the end, the elderly couple was nearly in despair. Old Ma’s wife, Ms. Luo, who has a strong temper, fell ill repeatedly from pent-up frustration and depression!
Just when Old Ma and his wife were in despair and ready to give up, Ms. Luo, during a casual chat, couldn’t help but pour out their family’s misfortune to a friend. Unable to swallow this bitter pill, she almost became like Lu Xun’s character Xianglin’s wife, involuntarily complaining to everyone she met. Most friends just listened and offered a few words of comfort. As luck would have it, during a recent encounter, a friend who heard her story kindly recommended the Wang Tengfeng lawyer team from the Zhiming Litigation Art Research Center of Guangdong Zhiming Law Firm, suggesting that she and Old Ma try consulting them to see if they could solve this huge problem. So, Ms. Luo dragged Old Ma to the Zhiming law office. After a brief conversation, Old Ma and Ms. Luo felt a glimmer of hope and entrusted the case to our Zhiming Wang Tengfeng lawyer team with great trust. Thus, the good fortune of Old Ma and his wife began, and their substantial family property was saved.
Art of Representation:
Our Zhiming Wang Tengfeng lawyer team took on this case under critical circumstances. After accepting this particularly difficult and thorny series of disputes involving property damage and divorce-related asset division—a case that most legal professionals deemed unwinnable—it was no easy task to skillfully and precisely apply legal means to resolve the issues and uphold justice for the two aggrieved clients.
This case appears simple but is actually extremely difficult. It is simple because it is essentially a divorce property division case; it is extremely difficult because our clients were unwilling to simply follow the law and allow their daughter-in-law, who was suspected of premeditatedly using marriage as a means to seize property, to "legally" divide the assets that were nominally under her name but actually belonged to Old Ma and his wife. Moreover, these joint assets also involved issues of military property rights that were not legally transacted... Therefore, this can be described as an exceptionally challenging series of disputes triggered by divorce and asset division.
On the surface, if the young couple directly divorced and divided the property under both names, it would be absolutely impossible for the husband to break the legal principle of equal division to give the wife a smaller share, not to mention that the husband had the leverage of marital infidelity in the wife’s hands!
As the actual payers of the huge housing costs, if Old Ma and his wife had directly filed a lawsuit to confirm the property rights of these two houses through conventional means, they might have been hindered by the fact that military-owned houses are not legally recognized as commercial housing, making it difficult to obtain legal protection. In many cases, such property rights confirmation lawsuits risk being directly rejected or dismissed upon filing. Moreover, even if accepted, during the substantive trial phase, it is extremely difficult to succeed in confirming property rights for houses that are explicitly designated as public trust properties! Therefore, in this case, the path of filing a property rights confirmation lawsuit was almost unfeasible for Old Ma and his wife!
Just when it seemed they were at a dead end, our artistic litigation thinking once again demonstrated its power. After careful consideration and thorough research, our legal team decided to employ the strategy of "removing the firewood from under the cauldron" from the Thirty-Six Stratagems to tackle this dispute and resolve this unprecedented challenge!
To this end, we meticulously crafted the wording, phrasing, and terminology, and drafted two complaints for "property damage compensation" cases with great precision. From the client's perspective, we named the original sellers of the two military-owned houses, along with Old Ma and his wife's daughter-in-law Zhou Mouhui and son Ma Mouli, as co-defendants, and filed the lawsuits in the relevant courts. The basis was that the daughter-in-law Zhou Mouhui and the two sellers were suspected of colluding to sign contracts, inducing the plaintiffs to pay a huge sum for the illegal sale of military-owned houses, thereby unlawfully appropriating the plaintiffs' substantial assets through a series of infringing and illegal acts. We requested the court to declare the actions of the four co-defendants illegal, and also sought an order for the seller defendants to refund the plaintiffs' huge housing payments and interest losses, and for the daughter-in-law and son to return the properties under their names to the sellers.
This lawsuit was grounded in facts and reason, and complied with legal provisions. The Ma family's dispute began to proceed smoothly. Subsequently, every step taken by our legal team received the desired response.
The sellers of the two military-owned houses and Old Ma and his wife's daughter-in-law Zhou Mouhui were shocked and even outraged upon receiving the complaints, but legally, they were at a loss for evidence or reasons to refute them, leaving them quite helpless. Of course, before this case arose, they may not have truly intended to "collude," but faced with this sudden lawsuit, they indeed formed a "united front," solidifying the label of "collusion."
Unfortunately, despite multiple attempts at communication and coordination, they failed to grasp the subtlety of the plaintiffs' approach. They only saw the glaring term "collusion" in the complaints we drafted for the plaintiffs, but could not penetrate the deeper implications hidden behind our legal team's accusation of "collusion," nor could they understand the litigation strategy we lawfully employed. Consequently, aside from Old Ma and his wife's son Ma Mouli, the other three defendants all mishandled their responses.
They all responded to the lawsuit and答辩, emphatically claiming: the transactions of these two military properties were absolutely not collusive; it was Zhou Mouhui who negotiated with us sellers and reached an agreement before signing the contracts, making them genuine, valid, and legal transactions! Moreover, the statements of both sellers in their defense unanimously confirmed the legal groundwork our legal team had laid for the plaintiffs, the elderly Ma couple—that their daughter-in-law Zhou Mouhui independently handled all negotiations and signed the contracts with the two sellers, and after inducing her in-laws (the plaintiffs) to pay a huge sum for the properties in one lump sum, she registered the properties under her own name. This series of actions still constitutes fraud, harming others' property, and should be deemed invalid, with each party returning the property.
At the beginning of this case, when the plaintiffs—the elderly Ma couple—filed the lawsuit, Zhou Mouhui, who had thought she would soon gain a large fortune through her cleverness, was unwilling to compromise easily. Like a headless fly, she struggled everywhere, hiring and entrusting lawyers to negotiate with us, and repeatedly called, texted, or confronted her husband Ma Mouli and her in-laws, the elderly Ma couple, with threats and arguments, engaging in multiple rounds of contention.
Until the day of the court hearing, our team's lawyers, as representatives of the plaintiffs, sternly negotiated with the defendant Zhou Mouhui's side, explaining the pros and cons. After weighing the situation, Zhou Mouhui's side finally fully compromised, completely agreeing to the divorce conditions proposed by the plaintiffs, the elderly Ma couple, for their son and daughter-in-law. They reached a settlement and signed an agreement, then quickly completed the divorce and property transfer procedures within three days. The elderly Ma couple subsequently withdrew the lawsuit, and this series of disputes was satisfactorily resolved. The elderly Ma couple unexpectedly preserved their substantial assets and peacefully resolved their son Ma Mouli's marital issues, feeling extremely fortunate and relieved. The brilliance of the artistic litigation method in this case is reflected in the following points:
1. This case filed a property damage compensation lawsuit based on the alleged "collusion" between Zhou Mouhui and the sellers to defraud the plaintiffs into paying a huge sum for the properties, while secretly registering them under her own name to encroach on the plaintiffs' property. This avoided the procedural defect of being unable to sue under contract breach due to the principle of privity of contract, and also circumvented the unfavorable situation where the subject matter—military properties—is illegal to trade, making it difficult to file a lawsuit for property confirmation, or even if filed, hard to win. In short, if this case had followed conventional litigation routes, there would have been significant legal obstacles both procedurally and substantively, making it very difficult to succeed in protecting rights through litigation.
2. In this case, the sellers as defendants had no direct contract-signing relationship with the plaintiffs, the elderly Ma couple. The elderly Ma couple had no contractual ties with the defendants, so even if the sellers as defendants wanted to file a counterclaim, it would not be possible, let alone successful. However, by applying pressure through this lawsuit, the plaintiffs used the two sellers as formal defendants to exert immense pressure on the substantive defendant, Zhou Mouhui. The legal deterrence of the plaintiffs, the elderly Ma couple, against the defendants, including Zhou Mouhui, persisted throughout, yet they could unilaterally withdraw the lawsuit at any time without being counterattacked. In other words, as long as the defendant Zhou Mouhui agreed to and met the conditions of the plaintiffs, the elderly Ma couple, they retained absolute control over the case at any time before the court's judgment, even close to or after the hearing, without being threatened by any defendant.
3. This case targeted the psychological endurance of the defendant Zhou Mouhui as the main focus of the game. We anticipated that using this drastic method of "cutting off the water supply" and "fighting to the death" would surely force Zhou Mouhui to abandon her greed and malicious intentions. After all, if the court determined that the payment actions for these two military properties involved fraud, Zhou Mouhui would inevitably face the outcome of returning the properties. As the saying goes, "If you have nothing to hide, you fear nothing." Zhou Mouhui, who intended to share the Ma family's assets through this marriage, was naturally very fearful. According to Article 58 of China's General Principles of Civil Law: "The following civil acts are invalid... (3) Those performed by a party through fraud, coercion, or taking advantage of the other party's distress, against the other party's true intentions; (4) Those involving malicious collusion to harm the interests of the state, a collective, or a third party; (5) Those violating the law or social public interests..." In this case, even if the judge did not accept the evidence of "collusion" and "fraud" among the four defendants, and the litigation grounds of "collusion" and "fraud" were not established, the military properties are not commercial housing and cannot be publicly traded, so the four defendants' transactions of military properties were also illegal. Once the court ruled that the entire transaction of these two military properties was illegal and invalid, it would inevitably order the two seller defendants to return the losses suffered by the plaintiffs, the elderly Ma couple—the huge sum paid for the properties. Correspondingly, Zhou Mouhui and Ma Mouli, as a couple, would have to unconditionally return the two military properties under their names to the seller defendants. If this were the outcome, although the elderly Ma couple would lose the appreciation in property value, they would preserve the principal amount. Meanwhile, Zhou Mouhui and Ma Mouli would instantly have nothing left, and Zhou Mouhui would end up with nothing, having wasted over two years of her prime youth. In that case, Zhou Mouhui would immediately revert to her original state, falling into urban poverty. Such an outcome was absolutely unacceptable and unbearable for the proud and strong-willed Zhou Mouhui. Therefore, at this point, as long as the plaintiffs extended a slightly "sweet" olive branch, Zhou Mouhui could only "gratefully" accept it...
We, the wise lawyers, are often entrusted by clients to resolve complex disputes and speak out against injustices with legal aid. However, the successful resolution of this case truly highlights the vast potential and effectiveness of artistic litigation, filling us with pride and satisfaction.
Although using this method to resolve the original divorce property dispute reluctantly carries a hint of "playing with the law," it fundamentally upholds true fairness and justice, preventing the hard-earned money of Old Ma and his wife from being unjustly taken by "others." Therefore, our legal team feels deeply gratified.
It should be said that the twists and turns in resolving this difficult case, along with the subtlety of each step, are not something that can be shared with outsiders, but the spirit of the rule of law in upholding fairness and justice can be passed down for a long time! In short, artistic litigation is worth actively promoting!
Lessons from the case:
There are many ways to resolve disputes and problems. Among them, the law is the ultimate and most effective method. However, solving problems should not be a mechanical application of the law. In this case, if conventional litigation techniques were used, the outcome would surely be a major defeat, and Old Ma and his wife's hope of preserving their hard-earned property would inevitably fail. Because under conventional litigation law, if Old Ma's son and his daughter-in-law divorce according to the law without special prior agreements, the property under both names can only be divided equally, regardless of who the original investor was! If Old Ma and his wife directly filed a confirmation lawsuit to protect the property, as mentioned earlier, there would be numerous legal obstacles, and they could not succeed smoothly. However, by employing artistic litigation techniques, we easily resolved the most difficult challenges. After taking on this case, facing a complex and obstructed situation, with the clients Old Ma and his wife and their son Ma Mouli in a clearly disadvantaged and passive position, in order to fully achieve the goal of preventing Old Ma and his wife from losing their substantial property to illegal exploitation, our lawyers applied creative artistic litigation techniques to break free from the passive predicament of dealing with matters as they arise. We activated intelligent thinking, employed strategic tactics, and after careful pre-litigation preparation, used principles of psychology and game theory to thoroughly analyze and repeatedly simulate the case. Combining legal provisions, we ultimately decided on a "cutting the ground from under someone's feet" approach. Old Ma and his wife filed a "property damage compensation" lawsuit against Zhou Mouhui and other defendants, thereby forcing Zhou Mouhui to proactively seek reconciliation and reach a settlement agreement, perfectly resolving the painful problem, preserving the substantial property, and as humanely as possible providing appropriate financial assistance to Zhou Mouhui, smoothly concluding the series of disputes involving the divorce property division and property recovery of their son and daughter-in-law.
Here, we must advise those who attempt to scheme for others' property through marriage, friendship, or other means, thinking themselves clever or knowledgeable about the law, never to assume that the traps they set are foolproof and seamless. Once the kind-hearted people who have been deceived or infringed upon pick up the true legal weapon to fight back, with the help of highly skilled legal experts, they will not only gain nothing but may also end up in prison; even if not imprisoned, they may exhaust their energy and effort only to end up empty-handed. After all, no trap or scam is without loopholes and risks. Those things that do not belong to you, even if you temporarily deceive to obtain them, will eventually be lost, and may even cause you to lose what you originally had.
At the same time, we must remind everyone to make more friends who are familiar with the law and willing to uphold justice. Once you encounter any disputes, conflicts, or legal problems, you will not be helpless and without recourse. Especially for business owners, getting to know true legal professionals will help avoid many legal disputes or problems that could trap their families or companies in difficulties or even dead ends. At critical moments, it can save their families or companies from losses of millions, tens of millions, or even more...
On the night the case was resolved, Old Mr. Ma could not contain his gratitude and sent a WeChat message to lawyer Wang Tengfeng to express his appreciation. He later presented a banner with exaggerated praise to Zhiming Law Firm: "Genius wisdom upholds justice with law, outstanding discernment defends the heavenly way, great wisdom and courage with boundless legal power, my fortune to have my rights defended!"
The complete success of the artistic litigation method in this case is not only a victory for legal fairness and justice, but also a victory reflecting the brilliance of humanity. While Old Mr. and Mrs. Ma retained the vast majority of their substantial assets, they showed compassion for their former daughter-in-law Zhou Mouhui, who lived alone in Shenzhen with difficulty, and voluntarily provided her with necessary humanitarian assistance—having their son Ma Mouli include in the divorce agreement with Zhou Mouhui a living support payment of 1.1 million RMB and a car worth 200,000 RMB.
Lawyer Wang Tengfeng's team provided full guidance and assistance in resolving the series of legal disputes for the Ma family. This case is another masterpiece of using artistic litigation techniques to resolve major complex disputes and achieve a win-win outcome.
Attachment: Related materials for Luo Mouhong's property and son's divorce series disputes
Complaint
Plaintiff 1: Luo Mouhong, female, Han ethnicity, ID number 4403011961042xxxxx, residence: XXXXXX, Shenzhen City, Guangdong Province
Defendant 1: Zhou Mouhui, female, Han ethnicity, ID number 6403211990052xxxxx, residence: XXXXXX, Shenzhen, Guangdong Province
Defendant 2: Ma Mouli, male, Han ethnicity, ID number 4403011989112xxxxx, residence: XXXXXX, Shenzhen, Guangdong Province
Defendant 3: Zheng Moupeng, male, Han ethnicity, ID number 4201161984051xxxxx, residence: XXXXXX, Shenzhen, Guangdong Province
Defendant 4: Cai Moujun, female, Han ethnicity, ID number 4301241982060xxxxx, residence: XXXXXX, Shenzhen, Guangdong Province
Litigation Claims:
1. Declare the illegal act of the four defendants in signing the house purchase contract void, and order Defendant 3 and Defendant 4 to return the purchase price of 1,420,000 yuan and interest of 78,741.92 yuan (calculated from July 7, 2016, temporarily to June 23, 2016) to the plaintiff;
2. Order the four defendants to bear all litigation costs of this case.
Facts and Reasons:
Defendant 2 is the plaintiff’s son. Defendant 1 and Defendant 2 registered their marriage in Shenzhen on November 16, 2013. After marriage, Defendants 1 and 2 lived with the plaintiff in the same house. In the first half of 2015, the stock market was booming, and the plaintiff timely cashed out profits. After learning that the plaintiff had earned a large amount of cash, Defendants 1 and 2 insisted on moving out and living separately, and actively sought property sellers for the plaintiff. After contacting Defendants 3 and 4, they induced and pressured the plaintiff to quickly pay for the purchase of Defendants 3 and 4’s house located at XXXX, on the pretext of preventing price increases. After the plaintiff paid a huge sum of money to Defendants 3 and 4, Defendants 1 and 2 repeatedly delayed the plaintiff from completing the written purchase procedures with Defendants 3 and 4. To date, the plaintiff has not been able to go through the relevant purchase procedures with Defendants 3 and 4. Not long ago, the plaintiff learned that Defendants 1 and 2 had secretly colluded with Defendants 3 and 4 to sign a second-hand house purchase contract in their own names without the plaintiff’s knowledge.
In summary, Defendants 1 and 2 are suspected of colluding with Defendants 3 and 4, inducing the plaintiff to pay a huge sum of money to purchase the house, while secretly signing a purchase agreement with Defendants 3 and 4 in the names of Defendants 1 and 2, thereby causing the plaintiff substantial property losses. Therefore, to protect the plaintiff’s lawful property rights and interests, the plaintiff hereby files this lawsuit with your court according to law, and requests a judgment in accordance with the claims!
此致
Shenzhen XX District People’s Court
Plaintiff: Luo Mouhong
June 23, 2016
Complaint
Plaintiff 1: Luo Mouhong, female, Han ethnicity, ID number 44030119610425xxxx, residence: XXXXXXX, Shenzhen, Guangdong Province
Plaintiff 2: Ma Mouyu, male, Han ethnicity, ID number 44030119630702xxxx, residence: XXXXXXX, Shenzhen, Guangdong Province
Defendant 1: Zhou Mouhui, female, Han ethnicity, ID number 64032119900523xxxx, residence: XXXXXXX, Shenzhen, Guangdong Province
Defendant 2: Ma Mouli, male, Han ethnicity, ID number 440301198911293619, residence: XXXXXXX, Shenzhen, Guangdong Province
Defendant 3: Liang Mouheng, male, Han ethnicity, ID number 440306197003068819, residence: XXXXXXX, Shenzhen, Guangdong Province
Litigation Claims:
1. The illegal act of the three defendants in signing the house sale contract is declared invalid, and Defendant 3 shall return the purchase price of 2.43 million yuan and interest of 130,920 yuan (interest calculated from July 17, 2016, temporarily up to June 23, 2016) to the plaintiff.
2. The three defendants are ordered to bear all litigation costs of this case.
Facts and Reasons:
Defendant 2 is the son of the two plaintiffs. Defendant 1 and Defendant 2 registered their marriage in Shenzhen on November 16, 2013. After the marriage, Defendants 1 and 2 lived with the two plaintiffs under the same roof. In the first half of 2015, the stock market was booming, and the two plaintiffs timely cashed out their profits. Upon learning that the two plaintiffs had earned a large amount of cash, Defendants 1 and 2 insisted on moving out and living separately, and actively sought property sellers for the plaintiffs. They first purchased a house located at XXXX, but after the purchase, Defendants 1 and 2 found it too small and refused to live in it. Later, Defendants 1 and 2 contacted Defendant 3 and, again under the pretext of preventing price increases, induced and pressured the two plaintiffs to pay promptly and purchase Defendant 3's house located at XXXX. After the two plaintiffs paid a substantial amount of money to Defendant 3, Defendants 1 and 2 repeatedly delayed the plaintiffs from completing the written purchase procedures with Defendant 3. To this day, the plaintiffs have been unable to complete the relevant purchase procedures with Defendant 3. Not long ago, the plaintiffs learned that Defendants 1 and 2 had secretly colluded with Defendant 3, signing a second-hand housing purchase contract in their own names without the plaintiffs' knowledge.
In summary, Defendants 1 and 2 are suspected of colluding with Defendant 3, deceiving the two plaintiffs into paying a large sum of money to purchase the house, while secretly signing a purchase agreement with Defendant 3 in their own names, thereby causing substantial property losses to the two plaintiffs. Therefore, to protect the legitimate property rights and interests of the two plaintiffs, we hereby file this lawsuit with your court in accordance with the law, requesting a judgment as prayed.
此致
Shenzhen XX District People’s Court
Plaintiff: Luo Mouhong
June 23, 2016
Divorce Agreement
Party A (Male): Ma Mouli, male, Han ethnicity, ID number 44030119891129XXXX
Residence: Futian District, Shenzhen City, Guangdong Province, XXXX
Party B (Female): Zhou Mouhui, female, Han ethnicity, ID number 64032119900523XXXX
Residence: Futian District, Shenzhen City, Guangdong Province, XXXX
The male and female parties registered their marriage in Shenzhen on November 16, 2013. After marriage, no children were born. Over the years of marriage, due to incompatible personalities, the couple's marital relationship has indeed broken down, with no possibility of reconciliation. Now, through voluntary negotiation between the husband and wife, the following consensus has been reached:
1. Both parties voluntarily agree to divorce.
2. The Tianlai car (license plate: Yue BXXXX) purchased after marriage shall belong to the female party. The remaining loan on the vehicle shall be repaid in a lump sum by the male party, and the transfer procedures shall be completed.
3. The two properties registered under both parties' names, located at XXXXXXXXX, Penghua Xiangyu Garden, No. 1001, Longhua New District Avenue, Shenzhen, are investment properties of the male party's parents. Both parties agree that within three days after completing the divorce procedures at the civil affairs bureau, they shall cooperate with the male party's parents to transfer the registration of the above properties to the male party's parents at the military property management department. The male party shall pay the female party a compensation of RMB 1.1 million.
4. The male party or his parents, as authorized by him, shall transfer the amount agreed upon in Article 3 to Guangdong Zhiming Law Firm for fund supervision (a separate fund supervision agreement shall be made) after the signing of this agreement. Upon completion of the divorce and property transfer procedures as stipulated in Article 3, and after written confirmation by both parties, Guangdong Zhiming Law Firm shall transfer 1.1 million yuan from the supervised account to the female party's account.
5. Other property: The male and female parties have no other joint property. Property owned by each party before marriage shall remain their respective property, and personal belongings of each party shall be owned individually.
6. During the marriage, the parties have no other joint debts or claims; after the divorce, debts and claims under each party's name shall be borne and enjoyed by them respectively.
7. If either party fails to fulfill their obligations under this agreement, they shall pay the other party liquidated damages of RMB 500,000.
8. This agreement is made in triplicate, with each party holding one copy and one copy filed with the marriage registration authority.
Male party: Ma Mouli Female party: Zhou Mouhui
August 14, 2016 August 14, 2016
Fund Supervision Agreement
Party A: Ma Mouli
Party B: Zhou Mouhui
Party C (Supervisor): Guangdong Zhiming Law Firm
Both parties agree to enter into the following supervision agreement regarding the RMB 1.1 million that Party A shall pay to Party B as stipulated in the Divorce Agreement:
1. The day after both parties sign the divorce agreement, Party A or their entrusted parents shall remit 1.1 million yuan to Guangdong Zhiming Law Firm for escrow.
2. After both parties complete the divorce procedures and all obligations for property transfer as stipulated in the divorce agreement, they shall notify the escrow agent in writing.
3. Upon receiving written confirmation from both parties that they have fully performed the obligations set forth in the Divorce Agreement, the escrow agent shall transfer all escrowed funds directly to Party B's account.
4. This escrow service is provided free of charge, and the escrow agent shall not collect any fees.
5. This agreement is executed in triplicate, with each of Party A, Party B, and Party C (the escrow agent) holding one copy.
6. Party A: Ma Mouli, Party B: Zhou Mouhui, Party C (Escrow Agent): Guangdong Zhiming Law Firm
August 14, 2016
House Sale Agreement
Party A: Zhou Mouhui, ID Number: 64032119900523XXXX
Ma Mouli, ID Number: 44030119891125XXXX
Party B: Ma Mouyu, Luo Mouhong
Parties A and B, adhering to the principles of fairness and voluntariness, through friendly negotiation, have unanimously reached the following terms:
1. Party A agrees to sell to Party B the property located at Room XXXXXXXXXXXXXXXXX, Longhua New District Avenue (area 155.86 square meters; property nature: military property), with a total transaction price of RMB 2,450,000 (in words: two million four hundred and fifty thousand yuan only).
2. Party A and Party B agree through negotiation that on August 15, 2016, Party B shall pay Party A RMB 50,000 (in words: fifty thousand yuan) as a deposit for the property purchase, with the remaining balance paid in full to Party A before August 16, 2016. Party A and Party B shall jointly go to the court to handle the property name change and transfer procedures.
3. After Party B pays the deposit to Party A, if Party A reneges, Party A shall compensate Party B with double the deposit as damages; if Party B reneges, the deposit received by Party A shall not be refunded.
4. Party A is responsible for settling all water, electricity, gas, property management fees, and other related costs for the property before August 16, 2016. From August 16, 2016, the water, electricity, gas, property management fees, and other related costs for the property shall be paid by Party B.
5. This agreement is made in triplicate, with each copy held by Party A, Party B, and the property management department respectively. Any matters not covered herein shall be subject to negotiation between the parties and a supplementary agreement, which shall have the same legal effect, and shall take effect upon signature by both parties.
6. Party A: Zhou Mouhui, Ma Mouli Party B: Ma Mouyu, Luo Mouhong
Date: August 14, 2016 Date: August 14, 2016
Note: This agreement is solely for the purpose of handling property ownership change registration procedures and does not represent a genuine sale. Ma Mouyu and Luo Mouhong are not required to actually pay the contractually agreed purchase price.
Civil Withdrawal of Complaint Application
Applicant: Luo Mouhong, female, Han ethnicity, ID number 4403011961042xxxxx, residence: XXXXX, Futian District, Shenzhen City, Guangdong Province
Respondent 1: Zhou Mouhui, female, Han ethnicity, ID number 6403211990052xxxxx, residence: XXXXX, Futian District, Shenzhen City, Guangdong Province
Respondent 2: Ma Mouli, male, Han ethnicity, ID number 4403011989112xxxxx, residence: XXXXX, Futian District, Shenzhen City, Guangdong Province
Third Respondent: Zheng Mou Peng, male, Han ethnicity, ID number 4201161984051xxxxx, residence: XXXXX, Fengdao Street, Futian District, Shenzhen City, Guangdong Province
Fourth Respondent: Cai Mou Jun, female, Han ethnicity, ID number 4301241982060xxxxx, residence: XXXXX, Bao'an District, Shenzhen City, Guangdong Province
Application Matter: Withdrawal of Case No. (2016) Yue 030x Min Chu xxxxx
Facts and Reasons:
In the case of property damage dispute between the applicant and the respondents, which has been accepted by your court under case number (2016) Yue 030x Min Chu xxxxx, the applicant and the respondents have reached a settlement, therefore the applicant requests withdrawal of the lawsuit.
此致
Shenzhen XX District People’s Court
Applicant: Luo Mou Hong
August 17, 2016
Civil Withdrawal of Complaint Application
Applicant 1: Luo Mouhong, female, Han ethnicity, ID number 4403011961042xxxxx, residence: XXXXX, Futian District, Shenzhen City, Guangdong Province
Applicant 2: Ma Mouyu, male, Han ethnicity, ID number 4403011963070xxxxx, residence: XXXXX, Futian District, Shenzhen City, Guangdong Province
Respondent 1: Zhou Mouhui, female, Han ethnicity, ID number 6403211990052xxxxx, residence: XXXXX, Futian District, Shenzhen City, Guangdong Province
Respondent 2: Ma Mouli, male, Han ethnicity, ID number 4403011989112xxxxx, residence: XXXXX, Futian District, Shenzhen City, Guangdong Province
Respondent 3: Liang Mouheng, male, Han ethnicity, ID number 4403061970030xxxxx, residence: XXXXX, Bao'an District, Shenzhen City, Guangdong Province
Application Matter: Withdrawal of Case No. (2016) Yue 030x Min Chu xxxxx
Facts and Reasons:
In the case of property damage dispute between the applicant and the respondents, which has been accepted by your court under case number (2016) Yue 030x Min Chu xxxxx, the applicant and the respondents have reached a settlement, therefore the applicant requests withdrawal of the lawsuit.
此致
Shenzhen XX District People’s Court
Applicants: Luo Mouhong, Ma Mouyu
August 17, 2016
People's Court of XX District, Shenzhen City, Guangdong Province
Civil Ruling
(2016)XXXXXX3号
Plaintiff Luo Mouhong, female, Han ethnicity, born on April 25, 1961, residing at XXXXXX, Shenzhen City, Guangdong Province, ID number 440301196104XXXX.
Authorized Agent: Wang Tengfeng, Lawyer of Guangdong Zhiming Law Firm
Authorized representative Zhang Qingping, lawyer at Guangdong Zhiming Law Firm.
Defendant Zhou Mouhui, female, Han ethnicity, born on May 23, 1990, residing at XXXXXX, Shenzhen City, ID number 640321199005XXXXXX.
Authorized representative Li Moumou, lawyer at Guangdong Zhuo Law Firm.
Defendant Ma Mouli, male, Han ethnicity, born on November 29, 1989, residing at XXXXXX, Shenzhen City, ID number 440301198911XXXXXX.
Defendant Cai Moujun, female, Han ethnicity, born on June 2, 1982, residing at XXXXXXX, Shenzhen City, ID number 43012419820602XXXX.
Defendant Zheng Mou Peng, male, Han ethnicity, born on May 10, 1984, residing at XXXXXX, Shenzhen City, ID number 420116198405XXXXXX.
In the case of plaintiff Luo Mou Hong suing defendants Zhou Mou Hui, Ma Mou Li, Cai Mou Jun, and Zheng Mou Peng over a property damage compensation dispute, the plaintiff filed a withdrawal application with this court on August 15, 2016.
This court holds that the plaintiff's application to withdraw the lawsuit during the litigation period is a disposition of their rights within the scope prescribed by law, complies with legal provisions, and is hereby permitted. In accordance with Article 145 of the Civil Procedure Law of the People's Republic of China, the ruling is as follows:
The plaintiff Luo X Hong is permitted to withdraw the lawsuit.
The case acceptance fee of RMB 18,289 yuan, reduced by half to RMB 9,214.45 yuan, and the preservation fee of RMB 1,148 yuan, are both borne by the plaintiff.
Presiding Judge Yang Mou
People's Juror Chen Mou
People's Juror Guo Mou
August 17, 2016
Clerk Li Mou
People's Court of XX District, Shenzhen City, Guangdong Province
Civil Ruling
(2016)XXXXX04号
Plaintiff Luo Mouhong, female, Han Chinese, born April 25, 1961, residing at XXXXXXX, Shenzhen City, Guangdong Province, ID number 4403011961042XXXXXX
Plaintiff Ma Mouyu, male, Han Chinese, born July 2, 1963, residing at XXXXXXX, Shenzhen City, Guangdong Province, ID number 44030119630XXXXXX
Authorized Agent: Wang Tengfeng, Lawyer of Guangdong Zhiming Law Firm
Authorized representative Zhang Qingping, lawyer at Guangdong Zhiming Law Firm.
Defendant Zhou Mouhui, female, Han ethnicity, born May 23, 1990, residing at Shenzhen XXXXXXX, ID number 64032119900XXXXXX
Authorized representative Li Moumou, lawyer at Guangdong Zhuo Law Firm.
Defendant Ma Mouli, male, Han ethnicity, born November 29, 1989, residing at Shenzhen XXXXXXX, ID number 4403011989XXXXXX
Authorized representative Wu Mousong, lawyer of Guangdong XX Law Firm.
Defendant Liang Mouheng, male, Han ethnicity, born March 6, 1970, residing at Shenzhen XXXXXXX, ID number 440306197003XXXXXX
Authorized representative Liang Moude, ID number 4323221944020XXXXXX, father of defendant Liang Mouheng.
This court, in the case of plaintiffs Luo Mouhong and Ma Mouyu suing defendants Zhou Mouhui, Ma Mouli, and Liang Mouheng over a property damage compensation dispute, the plaintiffs filed a withdrawal application with this court on August 15, 2016.
This court holds that the plaintiff's application to withdraw the lawsuit during the litigation period is a disposition of their rights within the scope prescribed by law, complies with legal provisions, and is hereby permitted. In accordance with Article 145 of the Civil Procedure Law of the People's Republic of China, the ruling is as follows:
Plaintiff Luo Mouhong and Ma Mouyu are permitted to withdraw the lawsuit.
The case acceptance fee of RMB 27,287 is reduced by half to RMB 13,643.5, and the preservation fee of RMB 1,148 is borne by the plaintiffs.
Presiding Judge Yang Mou
People's Juror Chen Mou
People's Juror Guo Mou
August 17, 2016
Clerk Li Mou