[Lead Lawyer: Wang Tengfeng, Yan Xiaoying; Author: Wang Liyuan] I. Case Background

Ms. Liu and Mr. He began dating in March 2005, and in 2008 decided to buy a house for marriage. Thus, in August 2009, they jointly purchased property at Room 702, Building 2, Haoyuan, Qiaoxin Road, Nanshan District, Shenzhen. The property deed listed both names, each holding 50%, and they agreed that Mr. He would pay the down payment while Ms. Liu would cover renovation costs and all mortgage payments. Later, due to Mr. He's violent behavior toward Ms. Liu, their relationship broke down irreparably, and they separated. Ms. Liu moved out in August 2010. Since then, Mr. He has exclusively occupied the jointly purchased property. Ms. Liu repeatedly sought to negotiate the division of shared assets, but Mr. He refused to share the property's appreciation, claiming he alone paid the down payment. After consulting multiple lawyers without satisfactory results, Ms. Liu approached our firm in November 2010. Following our lawyers' accurate and patient analysis, Ms. Liu gained confidence and decided to retain Wang Tengfeng, Director of Guangdong Zhiming Law Firm, for legal assistance. Director Wang, along with assistant lawyer Yan Xiaoying, jointly handled the case.

　II. First Instance Victory

After taking the case, the two lawyers communicated extensively with Ms. Liu, thoroughly understanding and analyzing the situation. They concluded that although Mr. He paid the down payment, the property was jointly purchased by Ms. Liu and Mr. He with the intent of marriage. The contributions were based on their agreement: Mr. He paid the down payment, while Ms. Liu covered the mortgage and renovation costs. Upon careful calculation, the lawyers found that Ms. Liu's contributions even exceeded Mr. He's. During court arguments, Mr. He repeatedly emphasized that he paid the down payment and most of the mortgage, withdrawing cash from the bank to give to Ms. Liu for payment through her mortgage account. He presented bank statements matching withdrawal amounts and dates with mortgage payments to prove his claims, arguing the property should be his, with only reimbursement for Ms. Liu's renovation and mortgage costs. Our retained lawyers countered that while Mr. He paid the down payment, the property was jointly purchased for marriage, with contributions based on their agreement. After calculation, Ms. Liu's contributions exceeded Mr. He's. Mr. He's bank statements only showed personal daily expenses, not proving the purpose of the withdrawals. The property was registered under both names, each holding 50%, indicating co-ownership by shares. According to Articles 78 and 99 of the General Principles of Civil Law of the People's Republic of China, this property was co-owned by shares, and without agreement, co-owners could request division at any time. Thus, Ms. Liu, as a co-owner, could request division. After diligent efforts by our lawyers based on facts and law, and following property appraisal, as Mr. He sought full ownership, the Nanshan District People's Court of Shenzhen issued a first-instance judgment in June 2011, ordering Mr. He to pay Ms. Liu property compensation and other costs, including renovation fees. Ms. Liu won completely, receiving 50% of the property's appreciation, nearly 500,000 yuan.

III. Reflections on This Case

As a highly competent and responsible professional lawyer, one must not only possess a strong sense of duty and the courage to overcome challenges in handling cases, but also be diligent in analyzing case materials, adept at identifying unique circumstances, and capable of creatively applying the law. Only in this way can one most effectively safeguard the legitimate rights of clients!