10 February 2017

Relationship Property: Zhang v. Li

The High Court heard evidence of Chinese custom before ruling $335,500 sent by parents from China to help their married daughter buy a family home was not a gift but a loan with details of the loan not yet finalised.  When the marriage failed her parents could recover their money.
Meng Li and Yi Ming Zhao married in 2007.  Ms Li had been in New Zealand since 2001, supported financially whilst a student by her parents in China.  They provided $335,500 of the cash needed by the newly married couple to buy a home in New Zealand.  Ms Li and Mr Zhao separated after five years.  The High Court was asked to decide whether Ms Li’s parents’ $335,500 was a gift (and relationship property since it was used to buy a family home) or a loan (repayable to the parents).
There was no documentary evidence supporting the transfer of funds to New Zealand.  Justice Simon France said intra-family money matters are often dealt with informally, particularly so in Chinese society where to do otherwise could be seen as disrespectful.  There was no prior agreement that the funds transfer was a loan: there was no agreement for payment of interest or for when the funds might be repayable.  Chinese custom is that Ms Li as an only child would care for her parents in their old age and that financial assistance in the purchase of a family home would be on the assumption her parents would at some point live with her in the house.  His Honour ruled the funds transfer amounted to an interest free loan repayable on demand.  He ordered the former family home sold with the net proceeds divided 50/50 between Ms Li and Mr Zhao after repayment to Ms Li’s parents of the $335,500 they advanced.
Zhang v. Li – High Court  (10.02.17)

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