Real Estate Buying and Selling Lawyer - How the registrant who buys a house in his name dies and the funder wants to get the house back

In order to protect the privacy of the parties and avoid unnecessary disputes, the names of the parties in the following cases are pseudonyms, if there is any similarity, please contact us to revoke it.

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The plaintiff alleged

Plaintiff Lin Moujie alleged: Plaintiff Lin Moujie and defendant Chen Mouxia were originally husband and wife. Now divorced. On October 6, 2007, the plaintiff Lin Moujie and his parents gathered the strength of the whole family to purchase an affordable house located in Changping District, Beijing, in the name ×of the defendant Zhou Mourong's husband and the defendant Chen Mouxia's father Chen Mouhui, and Chen Mouhui accepted a benefit fee of 100,000 yuan from Lin Moujie, and promised to cooperate with the transfer to the plaintiff's name in the future.

Now the house can be transferred to a business according to the real estate policy. On October 27, 2016, Chen Mouhui passed away, and the heirs Zhou Mourong (wife) Chen Mouxia (female), the anti-dumping negotiation failed, and in order to protect the legitimate rights and interests, the plaintiff sued your court, and earnestly requested an order as follows. Request the people's court to make an order in accordance with law: 1. Order the defendant to transfer the × affordable housing in Changping District, Beijing, purchased by the plaintiff in the name of the defendant Zhou Mourongfu, the defendant Chen Mouxia's father, and Chen Mouhui, to the plaintiff's name; 2. The defendant shall bear the litigation costs.

The defendant argued

Defendant Chen Mouxia and defendant Zhou Mourong argued: 1. The house involved in the case was purchased by Chen Mouhui (the father of the respondent Chen Mouxia and the husband of the respondent Zhou Mourong) from the respondent before his death, and was not purchased by the respondent in the name of Chen Mouhui. The Respondent, Chen Mouxia, and the Respondent were in a relationship and registered their marriage in early 2009.

In order to allow the respondent to have an independent residence after marriage, on October 6, 2007, Chen Mouhui purchased a × located in Changping District, Beijing for the respondent Chen Mouxia as a wedding house for the respondent Chen Mouxia and the respondent to live in after marriage. Chen Mouhui did not accept the so-called "benefit fee" paid by the respondent, nor did he promise to cooperate with the respondent to handle the transfer procedures of the house involved in the case in the future, so the respondent did not accept the respondent's claim that he purchased the house involved in the case in the name of Chen Mouhui.

2. When Chen Mouhui purchased the house involved in the case, the respondent had the qualifications to purchase affordable housing and did not need to purchase the house involved in the case in the name of Chen Mouhui. After the purchase of the house in question, the respondent Chen Mouxia and the respondent moved into the house in question until the parties divorced. After the divorce, because the respondent's parents lived in the house involved in the case, Chen Mouhui, as the owner of the house involved in the case, had filed a civil lawsuit against the respondent's parents, Lin Mouchao and Qin Moulan, on the grounds of a dispute over the protection of property rights. It is not necessary to borrow the name of another person to purchase affordable housing, that is to say, the respondent's claim to purchase the house in question in the name of Chen Mouhui is not supported by any evidence.

To sum up, the facts and reasons claimed by the respondent are insufficient to prove that there is an agreement between him and Chen Mouhui to buy a house in his name, and his claim that the respondent should transfer the property involved in the case to his name should not be supported, so please request your court to reject the respondent's claim in accordance with law.

The court ascertained

In 2007, Lin Moujie and Chen Mouhui reached an oral agreement, stipulating that Lin Moujie borrowed Chen Mouhui's name to purchase affordable housing. On October 6, 2007, Lin Moujie signed the "Commercial Housing Sales Contract" in the name of Chen Mouhui and purchased a set of affordable housing in ×, Changping District, Beijing. The total price of the house is 323562 yuan. The purchase price and related taxes and fees of the disputed house were paid by Lin Moujie's parents, Lin Mouchao and Qin Moulan, for Lin Moujie.

On July 1, 2010, the house involved in the case obtained a certificate of ownership, the registered house was located in ×, Changping District, Beijing, the registered owner of the house was Chen Mouhui, and the nature of the house was affordable housing. After the delivery of the house involved in the case, Lin Moujie and his parents renovated the house and lived in it until now.

In 2010, Chen Mouhui sued Lin Mouchao and Qin Moulan to our hospital on the grounds of a dispute over the return of the original goods, demanding that the two move out of the disputed house. Our court issued a judgment, holding that although Chen Mouhui was the owner of the house ownership registration, he could not prove the capital contribution at the time of purchasing the house, and the relevant house purchase procedures were kept at Lin Mouchao and Qin Moulan, and after the house was delivered, it was also occupied and used by Lin Mouchao and Qin Moulan, and the house was renovated; The court did not accept Chen Mouhui's claim that he lent the disputed property to Lin Mouchao and Qin Moulan for residence and use;

In view of the controversy over the contribution, income, decoration compensation and other issues of the house involved in the case, it is not appropriate to change the status quo before it is resolved, and the judgment rejects Chen Mouhui's litigation claim. After the verdict was rendered, Chen Mouhui appealed to the Beijing No. 1 Intermediate People's Court, which upheld the original verdict.

The original of the house purchase contract, purchase price invoice, deed tax and other related tax invoices and house ownership certificates are all held by Lin Moujie.

According to another investigation, Chen Mouhui died on October 27, 2016. Zhou Mourong is Chen Mouhui's spouse, and Chen Mouxia is Chen Mouhui's daughter.

Adjudication Results

Defendants Chen Mouxia and Zhou Mourong cooperated with plaintiff Lin Moujie to handle the registration procedures for the transfer of ownership of a × house located in Changping District, Beijing on 7 days from the effective date of this judgment.

Property Lawyer Reviews

A contract established in accordance with the law is legally binding on the parties. In this case, Lin Moujie paid the purchase price and related taxes, renovated the house and lived in the disputed house, and held the original documents such as the real estate certificate and the house purchase bill, and based on the above facts, the court held that there was an oral agreement between Lin Moujie and Chen Mouhui to buy a house in a borrowed name, and the two parties should perform the corresponding obligations in accordance with the agreement in the contract for buying a house in a borrowed name. The original purchase contract for the purchase of the disputed house was signed before April 11, 2008, and now the disputed house has met the conditions for listing and trading, and due to the death of Chen Mouhui, Chen Mouhui's heirs Chen Mouxia and Zhou Mourong should perform the above obligations, so Lin Moujie's request for Chen Mouxia and Zhou Mourong to assist in transferring the × house in Changping District, Beijing to Lin Moujie's name has a factual and legal basis, and the court supports it.

Chen Mouxia and Zhou Mourong claimed that the disputed house was purchased by borrowing money from Lin Moujie and that the relevant taxes and fees were paid by Chen Mouhui, but did not provide corresponding evidence to prove it, so the court did not accept the above claims of the two defendants.

Each case has particularity, the lawyer needs to conduct a detailed analysis of the case, in order to have a professional judgment, our team is good at dealing with all kinds of housing disputes, if you encounter similar cases, we sincerely hope that you can call to explain the situation in detail, we will try our best to answer for you!