Everyone is eager to have a happy family, husband and wife love, old age. But peoples life is full of variables. Nowadays, the divorce rate is still high, which undoubtedly deviates from the life trajectory originally set by many people.
Many people choose to reconstitute a family after the failure of marriage. These reconstituted families are happy and sad, and the relationship between married and stepchildren has become an important factor affecting the stability of the reconstituted family. Today our story unfolds between the hero Uncle Ding (alias) and his stepson Li Chao (alias).
On February 21, 2019, the Beijing Second Intermediate Peoples Court rendered a final judgment: rejecting Li Chaos appeal and upholding the original judgment. After the remarried husband sold his stepsons property at a low price, he finally returned to his second old name. The real estate struggle between the stepfather and his stepson ended with the victory of Uncle Ding.
Restructuring Family Hiti New House
Back in 1982, after their divorce, Uncle Ding and Aunt Wang, who are over half a century old, formed a new family. With Aunt Wang, she joined the new family together with her ex-husbands son, Li Chao, who is only 12 years old.
Stepmothers are not good, so are stepfathers, especially children in adolescence. Uncle Ding and his ex-wife did not have children, so they cherished the opportunity to be a father. In order to deal with the relationship with his stepson, he always tried to create opportunities to talk with Li Chao and to satisfy all the childrens wishes as much as possible.
However, Li Chao seems to have never caught a cold with his stepfather, who is ten years older than his mother and has no blood relationship with himself. No matter what Uncle Ding says or does, he always acts very cold and keeps a distance with his stepfather intentionally or unconsciously.
More than a decade later, the family had a peaceful life, though not a happy one. However, in the eighteenth year after Uncle Ding married Aunt Wang, that is, in 2000, everything changed subtly.
This year, coinciding with the housing reform, Uncle Ding and Aunt Wang signed a contract with a unit and bought a set of nearly 50 square meters of public housing in Xicheng District at a lower price. When buying a house, the working age of Uncle Ding and Aunt Wang was used, and the house was finally registered under Aunt Wangs name.
At that time, just before Li Chao entered the society, life was more difficult. In order to support the children, Uncle Ding thought carefully and finally decided to give his house to Li Chao. He and his wife moved into the new house in Xicheng District. Uncle Dings action brought the alienated stepfather-son relationship closer.
At that time, Uncle Ding obviously felt that Li Chao and himself had more common topics, and his attitude towards himself was much more enthusiastic than before. These changes made Uncle Dings heart full of beauties. At first, I remarried in the hope of being accompanied when I was old, instead of going through the second half of my life alone, if I could take care of my family, it would be an extra surprise. However, for many years, the relationship between himself and his stepson has not been shallow. It was unexpected that the relationship between them could also have a qualitative leap in the past few years. In Uncle Dings view, it is very valuable to exchange a suite for a harmonious and beautiful family. But what he didnt expect was that Li Chao didnt want more than a house...
Mega Real Estate Cabbage Price
Its 2018 in a twinkling of an eye. That day, Uncle Ding was at home humming a tune and frying a side dish. Suddenly, a burst of intensive knocks came. When I opened the door, it turned out that the intermediary company was taking the customers to look at the room.
I never planned to sell my house. How could anyone come to see it? Uncle Dings first reaction was that the intermediary company knocked at the wrong door. However, the other party showed him a copy of the real estate certificate. The address on it was the real estate where Uncle Ding is now living, while the name of his stepson Li Chao was clearly written in the property owner column.
When did he become a stepson when he bought the house with his wife? Uncle Ding was in a fog. Under his questioning, Aunt Wang slowly revealed the origin and development of the matter.
Originally, as early as 2016, Li Chao, who was unemployed, found his mother, Aunt Wang, in private to talk about his difficulties, and brazenly proposed that his mother would give him the real estate under her name. However, considering the higher tax and fee paid by the form of gift, Li Chao also proposed to transfer the real estate in the form of sale.
Aunt Wang is Li Chaos biological mother. Whats wrong with her son when he encounters difficulties? So at the end of that year, Aunt Wang and Li Chao signed a Stock Housing Sales Contract (self-trading version). At a very low price of 100,000 yuan, Aunt Wang sold the property in Xicheng District, where she lived with her wife, to her son and registered the change of property rights in the same year. And all this, Uncle Ding did not even know!
This apartment is the only real estate that the old couple acquired together after their marriage, and it is also the only one that Uncle Ding has at present. Uncle Ding retired a long time ago. With his pension and savings alone, he could not afford to buy a new house. If he lost the house, he would have no place to stay. The more Uncle Ding thought about the fact that he might suffer from the fate of being in the street when he was very young, the less delicious it was.
In May 2018, a complaint filed by grieving and indignant Uncle Ding brought his wife and stepson to court, demanding that the contract between Aunt Wang and Li Chao for the sale of houses be null and void, and that the houses involved be re-transferred to Aunt Wangs name. However, at this time, he is nearly 90 years old, not only lack of corresponding legal knowledge and sufficient savings, how to proceed next? Uncle Ding had no idea for a moment.
Fortunately, he inadvertently learned about the channels of legal aid. In order to better safeguard his legitimate rights and interests, he applied for assistance from the local legal aid center. After examining the application materials of Uncle Ding, the Legal Aid Center appointed Li Xuanfeng, a lawyer from Longping Law Firm in Beijing, to provide him with legal aid.
Mysterious Short Messages Around the World
After Li Xuanfengs lawyer accepted the assignment, he first met with Uncle Ding, the party involved in the contract dispute. Lawyer Li was deeply impressed by the scene of his first meeting. At that time, Uncle Ding seemed particularly old and helpless. He told the lawyer that he had his own real estate. Long ago, he had given his own real estate to his stepson Li Chao. Who ever thought that Li Chao had sold the house and now extended his hand to his only house. He had always treated Li Chao as his own son, but the other party had never treated him as his own father. Uncle Ding became more and more angry when he talked about emotions, and even his hands trembled unconsciously. While consoling the old mans mood, Lawyer Li carefully looked at the evidence provided by the old man, and his heart gradually got to the bottom.
On November 6, 2018, the first instance of the case was heard. At the trial stage, Li Chao argued that the matter of mother selling her house to herself had been discussed by the family. The family had reached a consensus on it before, and had made proper plans for the elderlys pension and housing disposal. Uncle Ding knew and agreed to the matter in advance.
In order to support his claim, Li Chao also showed the court a text message sent to him by Uncle Ding in August 2018, which said: Xiaochao didnt know your mother sold the house to you, but I couldnt provoke your aunt and them. I couldnt sue you, and I had to.
Again, Uncle Ding was confused about the evidence. The mobile phone number of sending short messages is indeed his own, but he is too old to send short messages at all. He has not found someone to send messages on behalf of him. Who sent this short message to Li Chao? Even his wife, Aunt Wang, testified in court that Uncle Ding could not send a text message at all. This message was most likely sent by someone else on Uncle Dings mobile phone.
Li Xuanfengs lawyer then proposed that even if the text message was true, it was sent after Uncle Ding sued, which could not prove that Uncle Ding knew about signing the sales contract. In addition, the text message only expresses the prosecution, and does not explicitly confirm Aunt Wangs sale of the disputed house to Li Chao.
At the same time, Lawyer Li put forward four opinions in support of Uncle Dings proposition:
First, the subject matter of this case belongs to the joint property of husband and wife. Although the house was registered in Aunt Wangs name, when they bought it, Uncle Ding and Aunt Wang were married. Since then, the two sides have not agreed on the property rights of the house, nor have they signed an agreement on the related property between husband and wife. Therefore, the house belongs to the joint property of Uncle Ding and Aunt Wang according to law.
Second, Aunt Wang has no right to dispose of the joint property of husband and wife separately. Aunt Wang and her son Li Chao signed the Stock Housing Sale Contract (self-closing version) on December 13, 2016. Aunt Wang did not obtain the consent of Uncle Ding when signing the contract, nor did Li Chao obtain the consent of Uncle Ding. They have been hiding from Uncle Ding when they bought and sold houses. Uncle Ding did not know the sale behavior of the house. Aunt Wang disposed of the husband and wifes shared houses privately. House, the punishment is invalid.
Third, Li Chao does not have the subjective will to acquire in good faith. Li Chao, the son of Aunt Wang, knows when the house was acquired and that it belongs to the joint property of Uncle Ding and Aunt Wang, but intentionally conceals the signing of the house sale contract and agrees with Aunt Wang to buy a house for 100,000 yuan, which is quite different from the market price of the house. The house is located in the central part of Beijing city. The transaction price should be more than 5 million yuan. However, Li Chao bought the house at a super low price of 100,000 yuan. The two names are buying and selling houses. In fact, Aunt Wang gave the house to her son Li Chao privately. Therefore, Li Chao did not have the legal situation of bona fide acquisition. They colluded maliciously to damage Uncle Dings interests. According to the provisions of Article 52 of the Contract Law of the Peoples Republic of China, a contract harming the interests of the state, the collective or a third party through malicious collusion shall be null and void.
Fourthly, Uncle Ding had no other housing and could not guarantee his basic living conditions. At present, Uncle Ding has only the only house under the disputed contract. With the current income of the elderly, he has no ability to buy a new house. If he loses the house, he will have no room to live in. Uncle Dings original house has been given to Li Chao. Li Chao is not without a house, but sells the house that Uncle Ding gave him by Li Chao himself. This consequence should be borne by Li Chao himself.
To sum up, lawyer Li believes that Uncle Dings lawsuit request conforms to the law, and appeals to the court to support Uncle Dings lawsuit request and safeguard the legitimate rights and interests of the elderly.
The court of first instance adopted the lawyers opinions of Li Xuefeng completely, and decided that Aunt Wang and Li Chaos Contract for Sale and Purchase of Stock Housing (Self-Transaction Version) signed on December 13, 2016 was invalid. Within ten days from the effective date of the judgment, the second defendant restored the house to Aunt Wangs name.
Maintaining the original judgment and safeguarding rights according to law
After receiving the judgment of the first trial, Uncle Ding was relieved, but his stepson, Li Chao, still lodged an appeal heartlessly. Unfortunately, the elderly only get the Beijing Legal Aid Center to apply for legal aid again. The Beijing Legal Aid Center immediately examined the application materials provided by the elderly, believing that they met the conditions for assistance, and then again appointed Li Xianfeng, a lawyer familiar with the case, to provide legal aid.
In the second instance stage, Li Chao did not submit new evidence, but only questioned the first instance decision. He insists that Uncle Ding is aware of the transfer of the house. In addition, in his view, the house was originally the property of his grandparents. After the housing reform, the house was purchased in the name of his mother, and the house was registered in the name of his mother. It should be his mothers personal property. Her mother has the right to dispose of it independently.
However, the law taught the greedy man a lesson again. In addition to the agency opinions put forward at the first instance stage, lawyer Li also raised that there was no legal basis for Li Chaos appeal: Li Chao signed a house sale contract with Aunt Wang, Uncle Ding did not sign it, and there was no evidence that Uncle Ding knew or agreed to the two peoples house sale. Therefore, the court is requested to uphold the original judgment and safeguard Uncle Dings legitimate rights and interests. In the end, the court of second instance completely adopted the opinion of lawyer Li and decided to reject Li Chaos appeal and maintain the original judgment.
Beware of the trap of remarried couples disposing of common houses
In this case, Aunt Wang listened to her son Li Chaos persuasion and transferred the sole house shared by husband and wife to Li Chao in the form of sale without the consent of Uncle Ding, violating Article 97 of the Property Law of the Peoples Republic of China, which stipulates that the disposition of the shared real estate or movable property and the major renovation of the shared real estate or movable property shall take up two-thirds of the share. The above-mentioned co-owners by shares or all co-owners agree, except as otherwise agreed between co-owners.
At the same time, the purpose of Li Chaos acquisition of the house is to sell the house and realize it, not to acquire the ownership of the house. Li Chaos actions not only infringed on the legitimate rights and interests of Uncle Ding, but also infringed on the rights and interests of his mother and aunt Wang. As a result, in the dispute between Uncle Ding and Aunt Wang and the invalidation of Li Chaos contract, Aunt Wang also agreed to change the name of the house back to herself.
From the family point of view, Aunt Wang disposed of the house to her only son before she died, in order to avoid future disputes, and at the same time deprived her husband of Uncle Dings legitimate rights and interests, to realize Aunt Wangs love for her son. However, the elderly can easily dispose of their property, especially the premature transfer of their only house to their children, which brings many risks, even facing homelessness.
In real life, some remarried families change their housing to their childrens name prematurely because of various considerations, or under the persuasion of their children, which has certain legal risks. If the elderly are willing to dispose of their property, it is suggested to take the form of a will.
In addition, in order to better protect each others personal property and prevent future disputes, it is suggested that eligible remarried families can notarize property before marriage, and for the joint property acquired after remarriage, decisions must be made after joint consultation.
If you find that your legitimate rights and interests have been infringed, it is suggested that like Uncle Ding in this case, timely use of legal means to safeguard their legitimate rights and interests.
Source: Li Wan_B11284, Responsible Editor of Beijing Youth Daily