In a property transfer dispute following a divorce in Fujian, the court ruled that the husband must cooperate with the wife to complete the property transfer procedures.

Case Summary

Plaintiff Liu (female) and defendant Zhang (male) registered their marriage on 2018/10/10. On 2023/12/15, they finalized their divorce by agreement at the Civil Affairs Bureau and signed a "Divorce Agreement," which stipulated that a property located in Huli District, Xiamen City, shall belong to plaintiff Liu. Defendant Zhang was required to cooperate with plaintiff Liu to complete the property transfer within 30 days after the divorce and register the title solely in plaintiff Liu's name. After the divorce, defendant Zhang refused to cooperate with the transfer of title for various reasons, despite multiple reminders from plaintiff Liu. Plaintiff Liu therefore filed a lawsuit requesting the court to order defendant Zhang to cooperate with the transfer of title and register the property solely in her name.

Key Dispute

1.Is the "Divorce Agreement" signed by both parties legally valid?

2.Should the defendant cooperate with the plaintiff to complete the property transfer procedures as agreed in the agreement?

Case Strategy

1.Secure core evidence including the divorce certificate, Divorce Agreement, property title registration certificate, and communication records between both parties.

2.Submit evidence to prove that the Divorce Agreement signed by the plaintiff and defendant reflects their true intentions, does not violate mandatory provisions of laws or administrative regulations, is not contrary to public order and good morals, and that both parties possess full capacity for civil conduct. The agreement is therefore legal, valid, and legally binding on both parties.

3.Under the Civil Code, clauses in a divorce agreement regarding property division or agreements reached by the parties on property division due to divorce are legally binding on both the husband and wife.

4.Plaintiff presents evidence that the agreement explicitly stipulates Defendant shall cooperate with Plaintiff to complete the real estate transfer within 30 days after divorce. Defendant's refusal to cooperate constitutes a breach of the agreement, entitling Plaintiff to request specific performance and cooperation in transferring the property title.

Processing Result

The court rules that Defendant Zhang must, within ten days of the judgment taking effect, cooperate with Plaintiff Liu to transfer the property located in Huli District, Xiamen City, and register the title solely in Plaintiff Liu's name. Defendant shall bear all litigation and preservation costs for this case.

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