Selling houses and trading stocks at a huge loss! Judge to compensate his wife 889000 yuan! Court: Serious damage to the common property interests of husband and wife! Liu | Fan | Court
How to deal with the situation where the spouse is unaware and causes significant losses in stock trading during marriage? A recent judgment case by the Beijing High Court may provide a warning.
Cao and Fan registered their marriage on February 10, 2004, and gave birth to a daughter in August 2006. After marriage, the two purchased a house registered under the name of their husband Fan, and both parties recognized that the house was jointly owned by the couple. On December 20, 2020, Fan signed a "Beijing Stock Housing Sales Contract" with an outsider Liu, selling the involved houses for 2.28 million yuan.
Liu made the above payment in four installments. The down payment for the house was 460000 yuan. Liu transferred 410000 yuan to Fan's bank account on January 6, 2021, and the remaining 50000 yuan was transferred to Cao's account; On March 12 of the same year, Liu transferred 310000 yuan again to Fan's bank account; On the 23rd, Liu transferred a house payment of 900000 yuan to Fan, and on April 8th, Liu transferred a house payment of 600000 yuan; After delivering the house on May 15th, Liu transferred 10000 yuan to Fan.
In addition to repaying bank loans, debts, and paying for his daughter's living expenses and daily expenses, Fan also used the above-mentioned funds for stock market investments.
Without Cao's consent, Fan transferred 890000 yuan to the Guotai Junan stock fund account on March 24, 2021, and transferred another 550000 yuan on April 8 of the same year. From March 24th to May 31st, Fan transferred 730000 yuan from his stock fund account, resulting in a total loss of 711196.08 yuan.
In order to prove the agreement on the distribution of housing funds and debts, as well as Fan's claims of extravagance and transfer of common property between husband and wife, Cao submitted a "Property Distribution Agreement" to the court. The agreement stipulated that "since the down payment of the property is made by the woman's family, although the property is purchased after marriage, it is not considered as common property between husband and wife. Therefore, the property distribution is distributed in the following proportion: the woman occupies two-thirds of the property, and the man occupies one-third of the property. Both parties voluntarily distribute according to the above."
Fan claimed that from their marriage in 2004 to the lawsuit court dividing their marital assets, Cao had always controlled Fan's salary card. However, a series of expenses such as family expenses, personal expenses, and children's education were spent by Fan through credit cards, bank loans, and other forms. It was only after being heavily indebted for a long time that Cao, who was unable to bear the burden, attempted to alleviate economic pressure by investing in stocks, but ultimately failed to invest in the stock market.
"The series of events that occurred during the 18 year marriage relationship are not isolated events, but are interconnected. It is necessary to use both parties' long-term perspective, global perspective, holistic perspective, and overall perspective from marriage to the present to resolve disputes." Fan stated in an appeal.
However, Cao argued that Fan's handling of the house sales funds did indeed infringe upon Cao's equal control over the house funds. After marriage, Fan failed to fulfill her duties and obligations as a husband and father, and repeatedly concealed and deceived Cao's unauthorized stock trading and investment failures, causing serious damage to her family's living standards.
After examination, the Beijing High Court believes that Fan and Cao sold the involved house after reaching a consensus through consultation, and the house payment of 2.28 million yuan should belong to the joint property of the couple. Both parties should also negotiate in a friendly manner when disposing of the house payment. But Fan did not inform Cao of the fact that he had received a house payment of 1.5 million yuan, and disposed of the house payment without Cao's consent. Despite Cao's repeated objections, he continued to invest in large amounts of stocks, using 1.44 million yuan of the house payment for stock investment and losing more than 700000 yuan. This is a serious act that seriously harms the common property interests of the couple and infringes on Cao's equal control rights. 1、 The second instance court supported Cao's request for a split of the sale price within marriage and ordered Fan to pay Cao 889000 yuan, which has factual and legal basis.