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In a bank deposit division dispute following a divorce in Fujian, the court ruled that the husband's transferred funds constitute marital property; the wife was awarded 60% of the assets.

Case Summary

Plaintiff Chen (female) and defendant Li (male) registered their marriage on 2016/5/20. In 2024/4, Plaintiff Chen filed a lawsuit with the court requesting divorce from defendant Li and equitable division of the marital joint property. During the proceedings, the court found that five months prior to the filing of the divorce suit, defendant Li unilaterally transferred a total of 180 ten thousand yuan in joint marital savings from his bank account to his parents' accounts in multiple transactions without Plaintiff Chen's knowledge. Plaintiff Chen asserts that the 180 ten thousand yuan constitutes marital joint property and that defendant Li engaged in transferring and concealing such assets; therefore, the property should be divided with defendant Li receiving a smaller share or no share at all. Plaintiff Chen requests an allocation of 60% for herself and 40% for the defendant.

Key Dispute

1.Does the 180 million yuan in bank deposits transferred by defendant Li belong to the joint marital property?
2.Did the defendant, Li Mou, transfer or conceal marital joint property?
3.How should this deposit be divided?

Case Strategy

1.Secure core evidence such as marriage certificates, bank statements, transfer records, and communication logs between both parties.
2.Produce evidence that the defendant Li's transfer of 180 yuan in bank deposits was acquired during the marriage and constitutes marital joint property.
3.Prove that the defendant, Li Mou, transferred the savings to his parents' name without the plaintiff's knowledge or consent prior to the filing of this divorce lawsuit, thereby concealing and misappropriating marital joint property in violation of the Civil Code.
4.Under the Civil Code, if one spouse conceals, transfers, sells, damages, or squashes joint marital property, or fabricates joint debts in an attempt to encroach upon the other party's share, that spouse may receive a smaller portion or no portion of the joint marital property during divorce proceedings.
5.The proposed allocation of 60% of the deposit to the plaintiff and 40% to the defendant is in accordance with the law, fair, and reasonable.

Processing Result

The court ruled to grant the divorce between plaintiff Chen and defendant Li; the 180 million yuan in bank deposits transferred by defendant Li are deemed joint marital property, with plaintiff Chen receiving 108 million yuan (60%) and defendant Li receiving 72 million yuan (40%); defendant Li shall bear all litigation and preservation costs for this case.

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