Property Sharing after Divorce

1. No. You watch TVB too much.

Division of property is based on a lot of factors.

2. The best way to do is demonstrate his contribution (mortgage, and other expenses) to the property (which is none based on you). If you can prove that, the court will be hesitated to award any interest of the HOA property to the husband.

3. Maybe - not enough information to answer.

2013-05-06 15:41:37 補充：
1. There has to be some record about how the cash comes. For example, if the employer provides cash as wage, the employer can be a witness to prove that.

2013-05-06 15:42:37 補充：
Also - where did those cash go if it is not deposited into a bank account (Note: if depositing into an account, there will be records for those deposit made to either husband, wife or joint account)?

2013-05-06 15:44:24 補充：
If it is used in other means (like bill payment), the bill can shows if they are paid by cash.

Also - Octopus activities as well.

Simply saying - no such thing as no evidence. Unless the money has been kept unused, it has to have some records.

2013-05-06 15:46:24 補充：
2. At this moment, my advice is forget others and focus on your own.

If the husband wants to prove something, he bears the burden to prove it by evidence. Also he must make the evidence available for the wife to examine.

It is not a court administrated by TVB, you need to show material evidence.

2013-05-06 16:04:18 補充：
You get that 100% correct.

Frankly speaking, the divorce resulting in division of assets did not distinct whether woman can share the man's assets nor the man share the woman's assets, but the divorce causing the change of livelihood to the respective persons. In most cases, because the divorce woman have to work (usually housewife), therefore maintenance will be granted. In your case, woman earned more than husband and therefore the woman compensate the man to maintain his living applies.
However, there is no detail as to what causes the divorce and it is very likely that you should obtain proper legal advice instead of asking here!
For reference only!

1.Distribution of assets based on the partliculars of the marriage, including the "significant" (both monetary and non-monetary) contributions of the respective parties. (Pls refer to section 7 of MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCE, Cap. 192)

If they now divorce, will the man be entitled to 1/2 share of the property?
Based on the present information you provided, very unlikely.

What can the woman do to avoid sharing the 1/2 property with the man?
Nothing you should do. It depends on his intention and wishes towards the distribution of assets.

Will the man be entitled to other assets of the woman?
Depends on what other assets and their value. Anyway, it is also unlikely that he will be entitled to have a significant share on your assets.

Ps. Given that he may lose his residential place after the divorce and your earning capacity is a double of him, he has ground to seek maintenance against you.


2013-05-06 16:32:41 補充：
Burden of proof always lies on the person who makes allegations.

Thanks Gary. What if the man declares that "I gave money to my wife with cash and thus there's no evidence"?

Is the man obliged to provide the payment proof or the woman should do it?
Thanks again!