There are strange cases on the hot search
Due to problems such as studying abroad and choosing a job
25-year-old Tian had a conflict with his parents
Later, because of problems such as study abroad funds
She asked for the division of the house she shared with her parents
to get a discount
and sued the parents to court
Case review
Oda is the only daughter of Mr. and Mrs. Tian. After her grandfather and grandmother's old house moved, they got a house in Baoshan District. When Oda was 16 years old, the house was changed and registered as a joint ownership by Mr. and Mrs. Tian and Oda. After my grandfather died, my grandmother lived in the house alone.
In 2021, Xiao Tian had conflicts with his parents due to problems such as studying abroad and choosing a job, and began to live away from home in a rented house. In July of the same year, Mr. and Mrs. Tian and Mr. and Mrs. Tian signed an agreement with Mr. and Mrs. Oda, which stipulated that after Oda's grandmother was "100 years old", his parents and Mr. Oda would sell the house and Oda would receive the corresponding payment.
Oda said that studying abroad has been his dream for many years, but his parents refused to provide financial help. She had proposed to sell the common part of the house or to buy the share of the small field at her parents' expense, but her parents strongly disagreed. Therefore, on the grounds that Xiao Tian urgently needed funds to study and live, he sued Mr. and Mrs. Tian to the Baoshan District People's Court, requesting that the above-mentioned house be divided and that the house should be owned by Mr. and Mrs. Tian, and that Mr. and Mrs. Tian should jointly pay Xiao Tian a discount of one-third of the value of the house.
During the trial, the defendants, Mr. Tian and his wife, argued that the house in question was jointly owned by the three people, and since the three of them obtained the property rights of the house, the family relationship has not changed, the basis of the joint ownership has not been lost, and there is no major reason for the need for division. Moreover, in recent years, they have been helping Xiao Tian repay various loans and pay various expenses totaling more than 50 yuan. They also actively contacted the study abroad school for Oda, but Oda refused because he was not satisfied with the school's ranking and other issues, and the couple could not afford to pay the discount price after acquiring the house, so they did not agree to Oda's appeal.
After trial, the Baoshan District People's Court held that, according to Article 303 of the Civil Code, there is no agreement or statutory circumstance for the division of the house in this case.
First of all, the registration of the rights of the plaintiff defendant after acquiring the house in this case was joint ownership, and the family identity of the three people had not changed, so this case did not meet the circumstances of loss of the basis of co-ownership.
Second, there was no sufficient evidence to subscribe to Oda's request for the division of the house on the grounds of studying abroad and living, and even if the reason objectively existed, it was not a material reason for the division of the common property.
Finally, the grandmother, the original owner of the house, still actually lived there, and the plaintiff and the defendant agreed to wait until the grandmother was "100 years old" before the sale of the house was involved. At present, both parties have expressed their inability to pay the other party's discount, so it is not appropriate to divide the house in this case at present.
In summary, the Baoshan District People's Court rejected all of the plaintiff Xiaotian's claims. After the first-instance verdict, Oda appealed, and the second-instance verdict was upheld.
In this regard, netizens said
"Living for a Long Time Series +1"
"Isn't this a white-eyed wolf?"
"Can't you earn it yourself if you have hands and feet?"
Comprehensive: Shanghai High Court, netizen comments
Source: Shanghai News Broadcasting