Relevant Legal Provisions

Civil Code Article 1030-1：When the relationship under the statutory property regime ends, the marital property still existing, after deducting the debts incurred during the marriage, shall be distributed equally between the parties if there is any remaining. However, the following properties are not subject to this: 1. Property acquired by inheritance or other gratuitous means. 2. Compensation money.

Facts and Reasons

The plaintiff (our client) and the defendant got married and have two children. Since the plaintiff handed over all of their earnings during the marriage to the defendant to manage and had no savings, years later, the parties divorced through mediation. Because the defendant had significantly more marital property and several investments compared to the plaintiff, the plaintiff requested the distribution of the remaining marital property.

Judgment

The defendant shall pay the plaintiff NT$5,711,930.

If either party disposes of their marital property within five years before the statutory property regime relationship ends, in an effort to reduce the other party’s distribution of the remaining property, the property shall be added to the calculation and treated as existing marital property.
In this case, the defendant’s marital property as of the reference date was greater than the plaintiff’s, and the plaintiff can request property distribution under Civil Code Article 1030-1, with interest calculated at a 5% annual rate until the settlement date, which is reasonable.
The facts of the case are clear, and regarding other issues not discussed, the attack or defense methods of both parties and the evidence presented, after careful consideration, the court believes that these do not affect the outcome of the judgment, so there is no need to discuss or rebut them in detail.

(Note: To protect the client's interests, certain case details and judgment images have been redacted and modified. For a full review of the case, please refer to the Judicial Yuan's judgment database)

Attorneys：Kevin Yu