[Specific case] Wu Mouguang and Wu Mouxia met on blind dates. After marriage, they often quarreled, which eventually led to the breakdown of their relationship. Wu Mouguang sued for divorce, and Wu Mouxia also expressed her agreement to divorce.

[Specific case] Wu Mouguang and Wu Mouxia met on blind dates. After marriage, they often quarreled, which eventually led to the breakdown of their relationship. Wu Mouguang sued for divorce, and Wu Mouxia also expressed her agreement to divorce. Since the two parties jointly built a lot of property during the marriage, including some properties that did not register for ownership, all under Wu Mouguang's control. Wu Mouxia was unable to provide evidence of the property. Wu Mouguang also strongly denied the existence of these properties. The two parties were very controversial about the division of the joint property of the husband and wife, and it was difficult to reach a divorce agreement.

case handling:

The family judge who undertook the case realized that the key to the resolution of the case was to ascertain the joint property of the couple and thus make the division in accordance with the law. However, "the ice is not cold for a day." Because the two sides have deep grudges, mediation and mobilization work are progressing slowly. In order to make a fair decision and find out the facts, the collegial panel thought of the property declaration system and activated it, and informed both parties that this system may be divided or not divided by the party that conceals the joint property of the couple during divorce, and may impose sanctions on the party that conceals the joint property of the couple in accordance with the law. Fear of legal sanctions, the two parties finally filled out the "Family Cases Property Report Form" and submitted it to the court as evidence. Based on this, the family judge found out the situations of the marriage between the two parties including multiple real estate, goldware, cash, deposits, individual industrial and commercial assets, and foreign debts and debts. In order to resolve the case successfully, the family judge did not make a simple judgment, but invited relatives and friends who were familiar with the family background of both parties to participate in the mediation, guiding the parties to fully realize the importance of maintaining property safety, taking into account the interests of both parties, and preventing property from depreciating and destroying due to division, and ultimately prompting the two parties to reach a mediation agreement on the issue of the division of common property.

[Judge's Comment]

With the development of the economy, the types and values ​​of property involved in divorce dispute cases are diverse, and the division of divorce property is becoming more and more complicated. In accordance with the spirit of the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" on the Provisions on the Entrustment Guarantee, Quanzhou Intermediate People's Court creatively introduces the declaration of property integrity in family cases in family trials. The system, by serving the "Family Cases Property Reporting Form" to the parties before court, guide and urge the parties to truthfully declare their family property, inform them of precautions and legal consequences, and require the parties to truthfully declare the relevant property. If the declaration materials are exchanged for evidence, and the other party proposes that the other party hides, transfers, sells common property, and provides preliminary clues, the collegial panel or the presiding judge submits an information inspection and control request to the execution department, and the inspection and control specialist of the execution command center shall file an inquiry. The collegial panel or the presiding judge may determine the joint property of the couple based on the results of the inquiry and feedback and divide it. If it is verified that both parties or one party conceals the joint property of the couple, when dividing the joint property of the couple through divorce, the party that conceals and fails to report may be given less or no dividends, and sanctions may be imposed in accordance with the law. By introducing a property declaration system and a system for the court to check and control property according to its authority, it can effectively promote honest litigation in family cases and ensure the fair division of property shared by couples or families.