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In a divorce dispute over the division of pre-marital property with post-marital mortgage payments in Xiamen, the court ruled that the husband must pay the wife an appreciation compensation of 86 ten thousand yuan.

Case Summary

Plaintiff Lin (female) and defendant Wang (male) registered their marriage on 2016/5/20. Defendant Wang purchased a property located in Siming District, Xiamen City in 2015/10 in his own name. The total price of the property was 300 ten thousand yuan, with a down payment of 120 ten thousand yuan and a loan amount of 180 ten thousand yuan. The property title was registered solely under defendant Wang's name. After the marriage, both parties jointly repaid the mortgage. As of 2024/4, the combined principal and interest payments made by both parties totaled 120 ten thousand yuan, and the market value of the property has increased to 860 ten thousand yuan. In 2024/4, plaintiff Lin filed a lawsuit requesting divorce from defendant Wang and seeking an equitable division of the joint mortgage repayments and the appreciation in the property's value.

Key Dispute

1.Is the property in question considered the defendant's premarital personal asset?
2.Are the portion of mortgage payments made jointly after marriage and the corresponding increase in property value considered marital property?
3.Is the amount of appreciation compensation claimed by the plaintiff reasonable?

Case Strategy

1.Fixed housing sales contract, loan agreement, property ownership certificate, marriage certificate, repayment records, and property market valuation report as core evidence
2.Submit evidence proving that the property in question was purchased by the defendant before marriage using a personal loan, registered solely under the defendant's name, and constitutes the defendant's pre-marital personal property.
3.Prove that the plaintiff and defendant jointly repaid the mortgage on the property after marriage. The portion of the loan repayment and the corresponding appreciation in value constitute marital property and shall be equitably divided upon divorce in accordance with the law.
4.Calculated the down payment, total loan amount, joint repayment amount, and current market value of the property. The plaintiff is entitled to a property appreciation compensation of 86 ten thousand yuan in total, which complies with legal regulations.

Processing Result

The court ruled to grant the divorce between plaintiff Lin and defendant Wang. The property located in Siming District, Xiamen City, shall be awarded to defendant Wang, who shall also bear sole responsibility for repaying the remaining mortgage loan. Within ten days of the effective date of this judgment, defendant Wang shall pay plaintiff Lin a compensation amount of 86 million yuan for joint mortgage repayments and property appreciation. Defendant Wang shall bear all litigation and appraisal costs associated with this case.

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