* * * Calculation method of value-added compensation for the same loan repayment:

Actual combat case 1:

Brief description of the case:

My husband bought a house with a total price of about 2 million in his own name before marriage, and married the woman on 20 17. It is agreed that the two will jointly repay the mortgage, with a monthly repayment amount of 6,000 yuan. 2065438+2009, the woman filed a divorce lawsuit. At this time, the appraised house price was 3.539 million yuan, with an appreciation of more than one million yuan. During the marriage, the couple repaid the principal and interest of the bank loan by more than 260,000 yuan. The man agreed to divorce, but thought that the house was pre-marital property and should not be divided. The court finally ruled that * * * was separated from the repayment and value-added part.

Why should the house purchased by the husband alone before marriage be divided? The reason is that the wife claims that after marriage, the two people jointly repay the loan, and she has the right to ask for the division of the repaid part of the house and the part that has increased in value during this period. In this case, the husband claimed that the monthly payment was contributed by the mother, but under the check of the court, there was no evidence to directly prove that the amount of the loan repayment deduction came from the account of the husband and mother.

The court found that:

The court allowed the dissolution of the marriage relationship, and ruled that the husband should compensate his wife for half of the repayment part of the property during its existence, that is, 6.5438+0.2 million yuan, and half of the value-added part of repayment was about 6.5438+0.9 million yuan, and the woman * * got 3.65438+0.0 million yuan.

Actual combat case 2:

Brief description of the case:

Zhang Ming is the boss of a foreign-funded enterprise in Suzhou. He and his wife Liu Juan used to be college classmates. When he graduated, Liu Juan saw the rising house prices in Shanghai and advocated buying a house. Therefore, under the premise of not getting married, Zhang Ming's family took out 65438+ 10,000 yuan to sponsor the down payment. Because of the harmonious feelings at that time, Zhang Ming also registered Liu Juan's name on the real estate license. In the past few years, house prices have doubled. In 2020, because Zhang Ming was away all the year round, Liu Juan had an affair, and Zhang Ming filed for divorce in a fit of pique. However, Liu Juan offered to split half of the property, and Zhang Ming thought that the down payment he paid in that year should be deducted. However, because it was Liu Juan who paid the house, the payment voucher was Liu Juan's name, and the real estate license was also the names of two people, so Zhang Ming's evidence was not sufficient.

Just when Zhang Ming was at a loss, Liu Juan's biological parents, that is, Zhang Ming's in-laws, took the initiative to come forward and wrote a certificate, confirming that Zhang Ming had paid the down payment on the house at that time. So the judge asked Liu Juan to prove that the money was contributed by * * * at that time, and pointed out the source of its 654.38 million yuan. Liu Juan was unable to provide evidence, and the case was finally mediated. According to the relevant spirit of Shanghai Higher People's Court, if two people's names are registered on the real estate license, even the property purchased before marriage can be regarded as the joint property of husband and wife, and the division should be handled according to the principle of * * with the same property.

Summary of two cases:

1. The results of the two cases also make it clear to everyone that if one party buys a property before marriage and repays the loan after marriage, although the property cannot be claimed at the time of divorce, the repayment part and the corresponding value-added part of the property can be divided during the marriage relationship.

2. If one party pays the down payment to buy a house in his own name before marriage, and repays the loan with his own salary income after marriage, and the other party pays the family living expenses with his own salary income, the other party can also divide the repayment part and the corresponding value-added part during the marriage.

3. The division of real estate during divorce is a complicated issue, and judges also enjoy certain discretion. In practice, courts in different regions also have their own handling methods. Common cases, such as parents subsidizing their children to buy a house, have also revised the legal provisions several times.