In a spousal property dispute case in Xiamen, the court ruled that the premarital property agreement is legal and valid, with the real estate awarded as the man's personal property.

Case Summary

Plaintiff Wang (male) and defendant Lin (female) registered their marriage on 2019/10/10. In 2019/8, before the marriage, both parties signed a "Prenuptial Property Agreement" stipulating that the property in Siming District, Xiamen City purchased by Plaintiff Wang prior to the marriage shall be his personal property and not part of the joint marital assets. Both parties signed and fingerprinted the agreement. In 2024/4, Defendant Lin filed a lawsuit requesting divorce from Plaintiff Wang, asserting that the property is joint marital property and should be divided according to law.

Key Dispute

1.Is the "Prenuptial Property Agreement" signed by both parties legal and valid?

2.The property in question is the plaintiff's pre-marital personal asset and should not be divided as marital property.

Case Strategy

1.Fix core evidence such as marriage certificates, house purchase contracts, property registration certificates, and "Prenuptial Property Agreement."

2.Provide evidence that the property in question was purchased by the plaintiff, Wang, before marriage in their personal name and registered solely under their name, constituting the plaintiff's pre-marital personal property.

3.The Premarital Property Agreement signed by the Plaintiff and Defendant before their marriage reflects both parties' true intent, does not violate mandatory provisions of laws or administrative regulations, is not contrary to public order and good morals, and was executed by parties with full civil capacity. The agreement is legally valid and binding on both parties.

4.Under the Civil Code, spouses may agree in writing that property acquired during the marriage and premarital property shall be owned separately, jointly, or partially separately and partially jointly. Such an agreement is legally binding on both parties.

5.Present evidence that the agreement explicitly stipulates the property in question belongs solely to the Plaintiff. This provision is legal and valid; thus, the property constitutes the Plaintiff's premarital personal asset and shall not be subject to division as marital property.

Processing Result

The court ruled to grant the divorce between plaintiff Wang and defendant Lin. The property located in Siming District, Xiamen City, shall be awarded solely to the plaintiff, Wang, who will also be responsible for repaying the remaining mortgage. The defendant shall bear all litigation costs of this case.

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