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In a property division dispute involving cohabitation in Xiamen, the court ruled that real estate jointly purchased during the cohabitation period shall be divided according to each party's contribution ratio.

Case Summary

Plaintiff Zhang (male) and defendant Liu (female) began cohabiting in 2020 10. They did not register their marriage. In 2021 5, they jointly purchased a property located in Jimei District, Xiamen City, for a total price of 240 million yuan. Plaintiff Zhang contributed 180 million yuan, and defendant Liu contributed 60 million yuan. The title was registered under both names as tenants in common, with plaintiff holding 75% and defendant holding 25%. In 2023 12, the parties ended their cohabitation. Plaintiff Zhang filed a lawsuit requesting the court to divide the property according to law. The plaintiff seeks ownership of the property and payment of 60 million yuan from the defendant as compensation for the defendant's share.

Key Dispute

1.Is the property in question considered joint property acquired during the cohabitation period?
2.How should this property be divided?

Case Strategy

1.Core evidence such as the fixed housing sales contract, property title certificate, proof of capital contribution, and bank statements.
2.Prove that the property in question was jointly purchased during the cohabitation period and constitutes joint property of both parties.
3.Demonstrate that, in accordance with the provisions of the Civil Code, co-owners by shares enjoy ownership rights over the shared real or personal property according to their respective shares.
4.Evidence shows the property is registered as tenancy in common with the plaintiff holding 75% and the defendant holding 25%. The parties' contribution ratios match their registered shares. Therefore, the property should be divided according to these shares. The property shall be awarded to the plaintiff, who shall pay the defendant $260 as compensation for the house value. This arrangement complies with the law and is fair and reasonable.

Processing Result

The court has ruled that the property located in Jimei District, Xiamen City shall be awarded to the plaintiff, Zhang Mou, and any remaining mortgage on the property shall be repaid solely by the plaintiff. Within ten days of the effective date of this judgment, the plaintiff shall pay the defendant, Liu Mou, a compensation for the property's value of 60 million yuan. The defendant shall bear all litigation costs associated with this case.

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