Recently, Ms. Jing Ye and Ms. Kangmiao Cai represented a divorce dispute case, after the first and second trial, finally achieved a satisfactory result for the client, and the lawyer's work was highly recognized by the client. 2024, November 6, the client presented a silk banner to Ms. Jing Ye and Ms. Kangmiao Cai of King&Capital Law Firm, to thank the two lawyers for their patience in the whole process of the case to promote the patient listening, meticulous communication, and the use of professional legal knowledge to fight for the best interests of the client. They also utilized their professional legal knowledge to fight for the client's maximum interests.
The client presented a silk banner to Mr. Ye Jing and Mr. Cai Kangmiao.
Early this year, the client through the introduction, turn to find Ye Jing and Cai Kangmiao lawyers, divorce matters for consultation, the client on the two lawyers proposed the overall program and litigation strategy is very satisfied, and then immediately signed a contract of entrustment. Dispute resolution is not limited to the court, the two lawyers in the process, after the client's permission and the other side of the communication and negotiation, but failed to reach agreement, the case can only be resolved through the court judgment.
In the first session before the client and the two lawyers communicate, said the property located in Beijing A area of the source of purchase money from the sale of its B area of the property, so the client feels that the A area of the property belongs to its personal property, do not want to be distributed in the divorce dispute. After the two lawyers investigated the past and present life of the property, they decided to propose to the court in the first hearing that the property should be the client's personal property and should not be divided according to the client's needs, and submitted relevant cases to the judge in the hope that the judge could be adopted.
But the difficulty of this claim is that the client in the marriage of the real estate rights certificate of the property in the A area of the owner from the name of the client changed to the name of the other party, resulting in the judge that this action has the meaning of gift, it is likely that the real estate will not be recognized as the client's personal property. Based on this, in view of the downward trend of the status quo of Beijing housing prices, if continue to insist on real estate client may need to face the loss of falling prices, in the first hearing after the two lawyers and the client to communicate in detail again, that if the A area of the property is inevitable to be divided, it is better to ask the other party to hold the property and pay the discounted price of the house, the client agreed to change their own claims after the communication.
After the second session of the two lawyers quickly change the litigation strategy, to the judge expressly change our claim, require the other party to hold the property and pay us a discount, and with the other party to confirm the consensus of the current value of the property for 1.9 million yuan. The court of first instance, after integrating the marital status of the two parties, the contribution of housing, housing, housing, housing registration and many other factors, the judgment that the other party to hold the property and pay us half of the discounted price of 1.9 million yuan. After receiving the judgment of first instance, the other party immediately appealed, claiming that from the beginning to the end of its did not claim to hold the house, never want to house discount, and the first instance of the two parties to the current value of the property of 1.9 million yuan is based on the premise that it does not want the property, but also think that the appeal of the time the property is no longer worth 1.9 million yuan, the judgment of the first instance is difficult to accept.
The court of second instance, after hearing, that the court of first instance comprehensive consideration of many factors, so the judgement of the property held by the other party and pay the discounted price of the house does not exist in law and fact, 1.9 million yuan of the existing value of the house is the two sides in the first instance in the results of the discussion, the downward trend of housing prices can not be the reason for the change of the judgment, and then rejected the other party's appeal, and maintain the original judgment. Subsequently, the client told the two lawyers, the other party through the intermediary agency will sell the house to get the house payment of 1.65 million, the loss of the downward trend of housing prices by the other party, the other party still need to pay the client half of the 1.9 million yuan recognized by the judgment of the first and second instance, the client is very satisfied with the result.
In divorce cases, it is particularly important to adjust the litigation strategy at any time, similar to the standby claim, the first claim is not supported, the second claim can be filed in the hope that the court recognized. After receiving the result of the second trial, the client took the initiative to make a silk banner and sent it to the law firm at the first time to express his gratitude to the two lawyers. The two lawyers will continue to work hard and hope that more clients will be satisfied with the results of the litigation.
