Do you want to judge, does this letter indicate that the expropriation compensation is waived and the resettlement distribution is not participated?
In the letter of '91, he stated: "I never thought of returning to Taixing Road (i.e., the house at issue) to settle down in the future", "I thought that going home for a month every year would be a disturbance to you, so I just wanted to make a home in Shanghai, and at that time I would go home to see my mother at most, and I would not have to live on Taixing Road forever", "I have repeatedly stated that I will never come to compete with you for a house, please rest assured", "If we can really be transferred back to Shanghai, we will never live in Taixing Road"
Later, Xiaoqing's hukou moved into the property at issue, and the rent was also borne by Xiao Huang and Xiao Qing.
Do you think Xiaoqing's letter will make her lose the right to divide the house and expropriate the compensation benefits?
If you've been following our case studies before, you should have the right answer. Let's first review the previous shared case (2020) Hu 02 Min Zhong No. 2770, which has such a core focus of controversy.
The court held that the e-mail sent by Xiaomei containing the phrase "clean out of the house" mentioned by Xiaoshuai was sent by Xiaomei before her divorce from Xiaoshuai, and it was difficult to conclude that Xiaomei gave up the property rights at issue from the above and following emails.
Returning to this case, in fact, the answer is not difficult to come out,
Xiaoqing still has the right to divide the expropriation and resettlement benefits, because Xiaoqing has not expressly waived the expropriation and resettlement interests or agreed.
I am Lawyer Young Ahren, a lawyer who only tells the truth and only answers questions from real cases that can be found on the court's official website. Taking the case as a mirror, you can know the victory or defeat, and using others as a mirror, you can know the gains and losses. (2019) Hu 02 Min Zhong No. 12110 Judgment Court held that
Xiao Chi, Xiao Hong, and Xiao Cheng appealed, and Xiao Huang's mother, Xiao Qing, promised Xiao Chi several times to give up her right of residence in the property at issue and other related interests on behalf of the whole family (including Xiao Huang) in her handwritten letters. After investigation, Xiaoqing's basis for giving up the right of residence in the house at issue was insufficient, and the above-mentioned letter could not fully prove that Xiaoqing had clearly waived the interest in the relocation of the house at issue, so Xiaohuang met the conditions of being a co-resident and should receive compensation for expropriation.
