[5] Luo Mouhong's Property Damage and Daughter-in-Law Divorce Property Dispute Series Case

? 2019-07-29 📂 Civil and Commercial Litigation Civil and Commercial Litigation 🏷️ #Twelve #Review #Major Case #Lawyer #Wang Tengfeng #Difficult 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.

What I find hard to agree with is that today's young students have completely lost the lofty aloofness of ancient scholars. Many of them are going all out, racking their brains to satisfy their unrestrained vanity and muddled material desires. If they can't "start a business," they'll at least "generate income." So, "each showing their own prowess like the Eight Immortals crossing the sea"—those with powerful, wealthy fathers flaunt their fathers; those with working, saving mothers mooch off their mothers; those with no family backing at all find a godfather or godmother to borrow some influence; and if none of that works, those with a bit of looks or talent will focus on snagging a "rich second generation" or "official second generation." In short, they absolutely refuse to endure poverty, hardship, or toil during their prime years.

[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.

During her spirited and passionate college life, Zhou Mouhui's horizons broadened day by day, and her life goals climbed ever higher—she was determined never to return to the economically underdeveloped ancient city in the northwest where she was born and raised, but instead to forge her own happy life in bustling cities like Beijing, Shanghai, Guangzhou, and Shenzhen.

Of course, to embark on such a life, one must have a springboard.

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 came from Shenzhen, he simply could not win Zhou Mouhui's heart. Not only was he short in stature, but he was also inarticulate and plain in appearance.

Ma Mouli was instantly smitten with Zhou Mouhui and was very attentive, finding several excuses to date her. Zhou Mouhui, having no more suitable suitors, did not reject Ma Mouli, and the two deepened their understanding through several exchanges and interactions. When Zhou Mouhui learned that Ma Mouli's family was quite well-off, owning a foreign-style house and luxury cars, with his parents running a mid-sized enterprise and holding numerous investment projects, her heart began to stir, and unconsciously she found herself growing 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, "love" driven by vanity and material desires is bound to be fleeting and fragile, and it is inevitably short-lived.

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 been working for two years after graduation, didn't have much wealth worth fighting over, and Zhou Mouhui naturally had even fewer assets. Their house and car were purchased by Ma Mouli's parents to help their son find a wife, and it was Zhou Mouhui, their beautiful and clever daughter-in-law, who used the old couple's money to invest and buy them.

If Zhou Mouhui were still their daughter-in-law, the Ma couple would naturally be willing to give everything to the young couple. But Zhou Mouhui actually wanted to divorce their son—once divorced, she would be an outsider. They had only been married for two years, yet she was trying to take away a huge family fortune worth several million.

Seeing that the vast wealth they had spent half a lifetime building through wisdom and hard work was about to be largely taken away by an "outsider," Ma Mouli's parents were deeply unwilling to accept it. Yet after consulting renowned legal experts, they were told that Zhou Mouhui's legal claim to divide the house, cars, and other joint property purchased after her marriage to Ma Mouli was unstoppable. Even though it was clear that Zhou Mouhui had married Ma Mouli solely for the Ma family's wealth, there was no way to recover the property the elderly Mas had invested in their son's marriage.

Fortunately, heaven never seals off all exits. Old Ma and his wife were fortunate enough to be recommended by a friend to the Zhiming Litigation Art Research Center of Guangdong Zhiming Law Firm, which specializes in handling all kinds of difficult and complex cases.LawyersThe team received them, diagnosed the situation, and prescribed targeted solutions. In the end, they calmly and peacefully resolved the escalating conflict between both parties, safeguarding the Ma family's substantial assets from enormous losses in a reasonable, fair, and lawful manner, while also averting a chain of disputes involving property damage and divorce-related asset division that could have caused severe harm.

What exactly happened in this case? During the winter break of 2014, the unremarkable only son of the Ma couple, Ma Mouli, 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, who was tall and graceful with a lovely appearance. They immediately treated her as their future daughter-in-law and eagerly 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 her life and work became more settled, Zhou Mouhui, whose mindset had never been well-balanced, found her inner turmoil growing even stronger after constantly meeting new friends and encountering new things. Unable to contain herself, the more she looked at her husband Ma Mouli, the more she found his appearance and behavior unbearable—to the point where she disdained sitting at the same table with him during the day and, at night, outright resisted sharing the same bed with him.

In the prime of their youth, the young couple had just tied the knot, yet their marriage was already a hollow shell, with almost no sexual life between them. As a result, the energetic Ma Mouli felt extremely repressed and anguished. Unable to relieve his inner torment, the inarticulate Ma Mouli was left with no choice but to "go along with" Zhou Mouhui's "wishes" and seek outlets for his sexual desires elsewhere, with other women.

However, the "clever" Zhou Mouhui knew perfectly well that Ma Mouli was fooling around outside, yet she remained composed, still chatting and laughing with her in-laws, Old Mr. and Mrs. Ma, every day and showing them warm concern. Faced with their beautiful, enthusiastic, quick-witted, and endearing daughter-in-law Zhou Mouhui, the Ma couple was overjoyed and delighted, agreeing to whatever she said and giving her whatever she asked for. Shortly after the young couple's marriage, the Ma couple bought their daughter-in-law 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?"

Old Ma and his wife felt that their sharp-witted daughter-in-law made a lot of sense, and they quickly agreed to invest in real estate. Their daughter-in-law, Zhou Mouhui, immediately sprang into action, making busy arrangements. After making extensive inquiries and contacts, Zhou Mouhui found two sellers of military-owned housing for Old 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 for signing the purchase agreement and registering the property transfer, out of great trust and good wishes for their daughter-in-law Zhou Mouhui, the Ma couple did not pay much attention, care, or inquire about them at the time.

Zhou Mouhui, a clever and beautiful wife and daughter-in-law, had every reason to feel content, live harmoniously with her husband, and settle into a peaceful life—yet she suddenly revealed a shocking new side of herself that stunned everyone. In the second half of 2015, just two years into her marriage, Zhou Mouhui abruptly produced hotel surveillance footage showing her "husband" Ma Mouli repeatedly cheating and checking into hotels. She confronted Ma Mouli and his parents face-to-face: "My husband has been unfaithful; I want a divorce. Let's part ways amicably! All marital property will be split equally. And given Ma Mouli's wrongdoing, I should actually receive 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 millions of their hard-earned property, built through wisdom and toil, were about to be cunningly seized by "outsiders" within less than two years, the Ma couple was deeply distressed. 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.

Therefore, the equal division of joint property under both spouses' names upon divorce is stipulated by Chinese law and cannot be disregarded. Moreover, since your son committed adultery and is the at-fault party, if the wife seeks a divorce, the property she legally obtains will not be less than half.

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 on the verge of despair and ready to give up, Mrs. Ma, née Luo, couldn't help but pour out her family's misfortune to a friend during a casual chat. Unable to swallow this grievance, she was almost like Xianglin's Wife from Lu Xun's writings, involuntarily complaining to anyone she met. Most friends merely listened and offered a few words of consolation. As luck would have it, on the most recent occasion, a friend who heard her story kindly recommended the Zhiming Litigation Art Research Center of Guangdong Zhiming Law Firm.LawyersThe team suggested that she and Old Ma try seeking consultation first to see if it might actually help resolve this enormous problem for the couple. So, Ms. Luo dragged Mr. Old Ma along and came to Zhiming Law Firm. After a brief conversation, Mr. Old Ma and Ms. Luo felt a renewed sense of hope and, with great trust, entrusted their case difficulties to us at Zhiming Law Firm.LawyersThe team. And so, the good fortune of Old Ma and his wife began, and the Ma family's vast fortune was saved.

Art of Representation:

We know what we are doing.LawyersThe team's assumption of this case was truly a mission undertaken at a critical moment. After taking on this exceptionally complex and thorny series of disputes involving property damage and divorce asset division—a case that most legal professionals deemed unwinnable—it was by no means an easy task to skillfully and precisely employ legal measures to resolve the difficulties for two deeply wronged clients and uphold justice.

This case appears simple on the surface but is in fact extremely difficult. It is simple because it is essentially a divorce property division case; it is extremely difficult because our client is unwilling to simply have their property, which is registered under their name but in fact constitutes the joint property of the elderly Ma couple, "legally" divided by a daughter-in-law suspected of having premeditatedly used marriage as a means to seize assets. Moreover, these joint properties also involve the issue of ownership rights to military housing that was not lawfully transacted.

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 we seemed to be at a dead end, our original strategic thinking once again proved its brilliance. After careful consideration and thorough deliberation, our legal team decided to employ the strategy of "removing the firewood from under the cauldron" from the Thirty-Six Stratagems to navigate the disputes of this case and resolve the extraordinary challenge!

To this end, we carefully weighed every word, phrase, and expression, and drafted two complaints for "property damage compensation disputes" with great precision. From the client's perspective, we named the original sellers of the two military housing properties, along with the daughter-in-law of the old Mr. and Mrs. Ma, a certain Zhou Mouhui, and their son, Ma Mouli, as co-defendants, and filed lawsuits with the relevant courts. On the grounds that the daughter-in-law Zhou Mouhui and the two sellers were suspected of colluding to sign contracts, inducing the plaintiff to pay a huge amount of assets to purchase illegally sold military housing, and thereby unlawfully appropriating the plaintiff's substantial property through a series of infringing and illegal acts, we requested the people's court to rule that the acts of the four co-defendants were illegal, and also requested that the seller defendants be ordered to refund the plaintiff's substantial purchase price and interest losses, and that the daughter-in-law and son 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 those two military-owned houses and Zhou Mouhui, the daughter-in-law of Old Ma and his wife, were shocked and even indignant upon receiving the lawsuit complaint, but legally they were at a loss for evidence and grounds to refute it, leaving them deeply frustrated. Of course, before this case arose, they may not have truly intended to "collude," but faced with this sudden litigation, they genuinely formed a "united front," solidifying the label of "collusion."

Unfortunately, despite several rounds of communication and coordination, they failed to grasp the ingenuity of the plaintiff's approach. They only saw the glaring word "collusion" on the complaint we drafted for the plaintiff, but could not see through the deeper implications hidden behind our legal team's accusation of "collusion," nor could they understand the litigation strategy we lawfully employed. As a result, apart from Old Ma and his wife's son, Ma Mouli, the other three defendants all responded to the situation incorrectly.

They all filed responses and defenses, emphatically claiming: there was absolutely no collusion in the sale of these two military-owned properties; the transactions were concluded after Zhou Mouhui reached a consensus with us, the sellers, through negotiation, and were genuine, valid, and lawful sales! Moreover, the statements made by both sellers in their defenses unanimously confirmed the legal groundwork our lawyer team had laid for the plaintiffs, the elderly Mr. and Mrs. Ma — namely, that their daughter-in-law Zhou Mouhui independently handled all matters, contacting and negotiating with the two seller-owners and signing the purchase agreements, and after inducing her in-laws (the plaintiffs) to pay the full purchase price in one lump sum, registered the properties in her own name. Such a series of actions still constitutes fraud that damages others' property, and therefore these actions should remain invalid, with each party returning the property.

At the outset of this case, when the plaintiffs—the elderly Mr. and Mrs. Ma—filed their lawsuit, Zhou Mouhui, who had initially believed her own cleverness would soon bring her a substantial fortune, was unwilling to compromise easily. Like a headless fly, she floundered in every direction, hiring and entrusting lawyers to negotiate with us, while repeatedly resorting to phone calls, text messages, or face-to-face confrontations to threaten and berate her husband Ma Mouli and her in-laws, the elderly Ma couple, engaging in endless harassment and resistance.

Until the day of the court hearing, our team lawyer, as the representative of the plaintiff, solemnly negotiated with the client's daughter-in-law Zhou Mouhui, explaining the pros and cons. After weighing the pros and cons, Zhou Mouhui finally reached a complete compromise and fully agreed to the divorce conditions proposed by our plaintiff, Mr. and Mrs. Ma, and signed an agreement. Within three days, we quickly processed the divorce procedures and property transfer procedures. The plaintiff Mr. and Mrs. Ma subsequently withdrew their lawsuit, and this series of disputes was successfully resolved. Mr. and Mrs. Ma unexpectedly saved a huge fortune and peacefully resolved their son Ma Mouli's marriage dispute. They felt very lucky and gratified. The highlights of the literary and artistic rights protection lawsuit in this case are as follows:

1. This case is filed as a property damage compensation lawsuit based on the alleged illegal acts of Zhou Mouhui and the seller in "colluding" to defraud the plaintiff into paying a substantial amount of money for the property, while secretly signing a contract in their own names to misappropriate the plaintiff's assets. This approach avoids the procedural defect of being unable to sue under a contract breach claim due to the principle of privity of contract, and also circumvents the unfavorable predicament that the subject matter is military housing, where the sale is illegal, and a lawsuit for confirmation of ownership of military housing may not be accepted, or even if accepted, it would be difficult to win a judgment confirming ownership. In summary, if this case were pursued through conventional litigation routes, there would be 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. In this case, the primary strategic target is to attack Defendant Zhou Mouhui's psychological resilience. We anticipated that this scorched-earth, all-or-nothing approach would surely force back her greed and malicious intent. After all, if the court determines that the purchase and payment transactions for these two military-property houses involved fraud, Zhou Mouhui would inevitably face the outcome of having to return the properties. As the saying goes, "A clear conscience fears no accusation" — since Zhou Mouhui was, after all, seeking to claim a share of the Ma family's assets through this marriage, she would naturally be deeply apprehensive. According to Article 58 of China's General Principles of Civil Law: "The following civil acts shall be null and void..."

We know that it is not uncommon for lawyers to be entrusted by others to resolve complex disputes and speak out for justice to provide legal assistance in cases of injustice. However, the successful resolution of this case demonstrates the enormous potential and effectiveness of literary and artistic rights protection litigation, which makes people proud and honored.

Although this approach resolved the original divorce property dispute, it unavoidably carries a sense of "playing with the law." However, at its core, it upholds true fairness and justice, ensuring that the hard-earned money of the Ma couple is not cunningly seized by "others." Therefore, our legal team feels deeply gratified.

It should be said that the twists and turns in the process of resolving this difficult lawsuit, as well as the ingenuity of each step, cannot be ignored by outsiders, but the spirit of upholding fairness and justice in the rule of law can be inherited for a long time! In short, the lawsuit for safeguarding literary and artistic rights is worth actively advocating!

Lessons from the case:

There are multiple ways to resolve disputes and problems. Among them, law is the ultimate means and also the most powerful method. However, resolving problems cannot merely involve mechanical application of the law. In this case, if handled through conventional litigation techniques, the outcome would inevitably be a complete defeat, and the wish of the elderly Ma couple to protect their hard-earned assets would certainly come to nothing. This is because under conventional litigation procedures, when the Ma couple's son and daughter-in-law divorce according to law without any special prior agreement, the properties under both their names can only be divided equally, regardless of who the original investors were! If the elderly Ma couple directly filed a confirmation-of-rights lawsuit to protect the properties, as mentioned above, there would be numerous legal obstacles, and they could not succeed smoothly either. However, by employing artistic litigation techniques, we were able to easily resolve the most difficult of challenges. After taking on this case, faced with the intricate and obstructed predicament from all sides, and with the clients—the elderly Ma couple and their son Ma Mouli—in a clearly disadvantaged and passive position, our lawyers devised creative and original strategies to break free from the passive deadlock of dealing with matters only on their face. We activated intelligent thinking, adopted the art of warfare tactics, and after meticulous pre-litigation preparation, applied principles of psychology and game theory to carefully analyze and repeatedly simulate the case. Combined with the provisions of the law, we ultimately decided on the strategy of "removing the firewood from under the cauldron." The elderly Ma couple lawfully filed a lawsuit for "property damage compensation" against defendants including Zhou Mouhui, thereby forcing Zhou Mouhui to proactively seek reconciliation and reach a settlement agreement. This successfully resolved the painful dilemma, preserved the substantial assets, and, to the greatest extent possible, humanely reflected appropriate financial assistance and subsidies to Zhou Mouhui, smoothly concluding the chain of disputes arising from the son and daughter-in-law's divorce and the recovery of the properties.

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, everyone should be reminded to make more friends with those who are familiar with the law and willing to stand up for justice. In the event of any disputes, conflicts, or legal difficulties, you won't find yourself helpless and without recourse. This is especially true for business owners—building genuine connections with legal professionals can help avoid many legal disputes or challenges that might otherwise trap your family or company in difficult, even desperate, situations. At critical moments, this can save your family or company from losses of millions, tens of millions, or even more.

That evening, after the case was resolved, Mr. Ma could not contain his gratitude and specially sent a WeChat message toLawyersExpress admiration! Subsequently, present an exaggerated and flattering banner to Zhiming Law Firm: "Genius wisdom upholding justice through law, extraordinary discernment defending the way of heaven, great wisdom and courage with boundless legal power, fighting for my rights—my fortune!"

The successful resolution of this cultural and artistic rights protection lawsuit is not only a victory for the fairness and justice of the rule of law, but also a triumph that reflects the brilliance of humanity! While Mr. and Mrs. Ma managed to retain the vast majority of their substantial assets, they also showed compassion for their former daughter-in-law, Zhou Mouhui, who lives alone in Shenzhen and faces difficulties. They voluntarily provided her with necessary humanitarian assistance—by 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 valued at 200,000 RMB!

 LawyersThe team provided full guidance and assistance throughout the resolution of the Ma family's series of legal disputes, and this case stands as yet another masterpiece of employing original strategies and techniques to resolve major and complex conflicts while achieving 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!
Sincerely
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.
Sincerely
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.
Sincerely
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.
Sincerely
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)XXXXXX No. 3


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) XXXXX Document No. 04


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

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