Jin Jin, a professional lawyer specializing in real estate in Beijing, specializes in real estate sales, borrowing names to buy houses, real estate inheritance, right confirmation, demolition and relocation of real estate disputes, vacating houses, public housing disputes, central housing, military housing, divorce real estate division and other real estate cases. With more than 19 years of experience, he has led a professional real estate legal team, handled a large number of real estate cases, and accumulated rich litigation experience. (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 are any similarities, please contact us to revoke them.) )
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The plaintiff alleged
Chen Moujun and Ms. Wu filed a lawsuit with this court: 1. Divide the estate of the decedent Chen Mouxian and Ms. Yang in accordance with the law, house No. S in Haidian District, Beijing; 2. Divide the house No. W in Dongcheng District, Beijing in accordance with the law; 4. The litigation costs shall be borne by Chen Mouhui, Chen Moujie, and Chen Moutao.
Facts and reasons: Chen Mouxian and Ms. Yang are husband and wife and have four children, namely Chen Moulin, Chen Mouhui, Chen Moujie, and Chen Moutao. In 2018, Chen Mouxian died of illness, and Ms. Yang cancelled her household registration due to death in 1993. In 2004, Chen Moulin died of illness. Chen Moujun is the only son of Chen Moulin. Since the parties failed to reach an agreement on the division of the estate, they sued the court.
Ms. Qin claimed that I remarried Chen Mouxian in 1996 and now that Chen Mouxian has died, I asked the court to rule in accordance with the law, inherit my share of the shares, and at the same time request to live in House S for 100 years.
The defendant argued
Chen Mouhui argued that I agreed to divide the estates of Chen Mouxian and Ms. Yang. I have fulfilled more support obligations to Chen Mouxian, and I should share more.
Chen Moutao argued that I agreed to divide the estates of Chen Mouxian and Ms. Yang. Chen Mouxian left a will before his death, and this case should be handled according to testamentary succession. Chen Mouxian said that the rights of the house No. S were jointly enjoyed by Chen Mouhui, Chen Moutao, and Chen Moujun, and the specific share was not specified, and Chen Moujun asked to divide the property, and his demands were not clear. House S is a central production house, which cannot be listed and traded, and does not meet the conditions for division, if it is divided by shares, Chen Moujun's share should not exceed one-third.
Chen Moujun has not fulfilled his obligation to support Chen Mouxian, and the inheritance share should consider the support of his parents. I have fulfilled more support obligations to Chen Mouxian, and I should share more. I believe that the right of residence mentioned in the will should be based on registration, and the ownership of the right to use house S has not been registered, so Ms. Qin has no right to claim the right of residence of the house. The house in Dongcheng has been transferred to Chen Moujie's name, and whether it is divided as an inheritance shall be handled in accordance with the law.
Chen Moujie argued that the house located at No. W in Dongcheng District was purchased by me, and Chen Mouxian transferred it to me by way of gift in September 2015, which is not an inheritance and should not be divided, and Chen Mouxian also stated it in his will.
The court ascertained
Chen Mouxian and Ms. Yang are the original husband and wife, and they have four children after marriage, namely Chen Moulin, Chen Mouhui, Chen Moujie, and Chen Moutao. Ms. Yang cancelled her household registration on 3 December 1993 due to her death. Chen Mouxian remarried Ms. Qin on April 15, 1996, and had no children after marriage. Chen Moulin and Ms. Wu are husband and wife, and Chen Moujun is the only child of the two. Chen died on November 12, 2004. Chen Mouxian died on August 21, 2018. Ms. Qin and her ex-husband have four children, namely Qin X 1, Qin X 2, Qin X 3 and Qin X 4. Qin4 died in 2020.
On May 18, 2000, Chen Mouxian and Company D signed two copies of the Agreement for the Sale of Public Housing in Units, stipulating that Chen Mouxian would purchase House W (hereinafter referred to as House W) and House S (hereinafter referred to as House S) located in Hepingli East Street, Dongcheng District and House S (hereinafter referred to as House S) in Haidian District at cost price, and use the seniority discounts of Chen Mouxian and Ms. Yang when purchasing the house. House S was issued with a house ownership certificate in 2001, and House W was issued with a house ownership certificate in 2002, and both houses were registered in the name of Chen Mouxian.
On September 8, 2015, Chen Mouxian and Chen Moujie signed a gift contract, stipulating that Chen Mouxian would donate the No. W house to Chen Moujie, and on the same day, the two applied for the registration of the house transfer, and Chen Moujie obtained the house ownership certificate on September 9, 2015. On September 16, 2015, Chen Moujie and his wife Ms. Zhou signed the "Agreement on the Ownership of the House", and changed the registration of House W to Chen Moujie and Ms. Zhou in the form of transfer registration of the house owner between the husband and wife. On March 22, 2016, the registration of house No. W was changed to Ms. Zhou's name.
Chen Moujie asserted that Chen Mouxian made a self-written will on February 12, 2015, which reads: ...... By making this will, I am willing to dispose of the two properties in my name when I pass away. 1. The properties at No. S in Haidian District and No. W in Dongcheng District were purchased by me and my late wife, Ms. Yang, during my work period according to the discounts such as seniority discount payments and other discounts. The purchase price of No. S in Haidian District is my personal one-time payment. The purchase price of the house in Dongcheng District was paid by Chen Moujie. For the distribution of these two houses, the house at No. S was inherited by Chen Mouhui, Chen Moutao, and Chen Moujun, and the house in Dongcheng District was inherited by Chen Moujie. 2. Considering the housing problem of my wife after marrying, although she has a house and four children, I am willing and ask my children to respect the right of residence of my current wife. Now the wife does not participate in the inheritance of the property, but has the right of residence. Chen Mouxian signed the testator and indicated the year, month and day. There are also the signatures of witnesses Wang, Gao Moupeng and Jia Moujie.
Both parties recognize the authenticity of the above wills. Chen Moujun asked for the house to be divided according to the shares. Ms. Qin requested to live in House S for the period of 100 years. Chen Mouhui and Chen Moutao believed that Ms. Qin's claim of residency had no legal basis, and that Ms. Qin no longer lived with Chen Mouxian during Chen Mouxian's illness, and in fact gave up her residential rights and interests in the house.
During the trial, Chen Moujun, Ms. Wu, Chen Mouhui, and Chen Moutao claimed that the two houses used Ms. Yang's seniority discount, which should be the joint property of Chen Mouxian and Ms. Yang, and Chen's act of donating House W to Chen Moujie was invalid, so House W should be divided as an inheritance. Chen Moujie recognized that House S was joint property, but believed that House W was Chen Mouxian's personal property and Chen Mouxian had the right to donate it.
Chen Moutao and Chen Mouhui submitted some shopping records and hospital stay statistics to prove that Chen Moutao had purchased various items for Chen Mouxian's daily life for a long time, and during Chen Mouxian's hospitalization, Chen Moutao and Chen Mouhui assumed the main responsibility of care, and accordingly asked for more inheritance. Chen Moujun and Ms. Wu recognized the authenticity of the shopping records, but argued that they could not prove that the items were used by Chen Mouxian and the total amount was low, and could not reasonably explain the whereabouts of most of Chen Mouxian's income; Ms. Qin did not accept any of the above evidence. Chen Moujie did not recognize the shopping records, but recognized the authenticity of the statistical table of hospitalization time.
Ms. Qin asserted that because Chen Moutao changed the door lock of house S from the end of 2016 to the beginning of 2017, she went to Qin's 3 houses to live until now, during which she was hospitalized around October 2017 and suffered from hypertension, diabetes and other diseases. Chen Moutao did not recognize this, saying that Ms. Qin moved out at the end of September 2015, and lived with Chen Mouxian from 2013 to 2014, and after 2016, Chen Moutao and Chen Mouhui lived with Chen Mouxian. Chen Moujie said that he did not live with Chen Mouxian, and was unclear about the situation of other people living with Chen Mouxian, and at the same time, Chen Moujie asserted that he had conducted a labor ability appraisal in 2010 and clearly met the criteria for the appraisal of complete loss of working capacity, so he requested that he be taken care of when dividing the estate. Chen Moujun and Ms. Wu said that they did not live with Chen Mouxian, and they were not clear about the situation of other people living with Chen Mouxian.
Adjudication Results
The house No. S in Haidian District, Beijing, under the name of Chen Mouxian, is inherited by Chen Mouhui, Chen Moutao, and Chen Moujun, and each enjoys one-third of the share;
Property Lawyer Reviews
Inheritance begins when the decedent dies. An inheritance is an individual's legal property left behind when a citizen dies. After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance, and if there is a will, it shall be handled in accordance with the testamentary inheritance or bequest. In this case, all parties had no objection to the self-written will left by Chen Mouxian, and the will met the formal requirements of the self-written will prescribed by law, and should be legal and valid. House S and House W were both purchased after Ms. Yang's death, and Chen's will clarified the source of the purchase money for the two houses, although Ms. Yang's length of service was converted at the time of purchase and the policy benefits were obtained, the policy benefits did not constitute the co-ownership of the houses, so the two houses should belong to Chen's personal property.
As for the No. W house divided by Chen's monarch Zhang, because Chen Mouxian had disposed of the house before his death, it has now been transferred and registered in the name of Ms. Zhou, who is not involved in the case, and will not be handled in this case. For house S, Chen Mouxian's will stated that it would be inherited by Chen Mouhui, Chen Moutao, and Chen Moujun, although each person's respective share was not specified, but the testamentary inheritance should not consider the situation of more or less points under the statutory inheritance method to determine their respective shares, Chen Moutao and Chen Mouhui's claim that they had fulfilled more maintenance obligations and asked for more points, which had no basis in law, and the court did not support it, so the house S should be inherited by Chen Mouhui, Chen Moutao, and Chen Moujun, and each of them inherited one-third of the share.
As for the section on Ms. Qin's right of residence mentioned in the will, when Chen Mouxian made the will and died, the Civil Code of the mainland had not yet been implemented, and the provisions of the laws and judicial interpretations at that time should be applied, and there were no relevant provisions on the right of residence in the laws and judicial interpretations at that time, and Chen Mouxian's will was a disposition of the right to occupy and use all the houses he enjoyed, which should be legal and valid, and Ms. Qin now advocates living in house S in accordance with the will, and the court supports it.
Chen Moutao and Chen Mouhui asserted that they had fulfilled more maintenance obligations to Chen Mouxian, but the evidence they submitted was insufficient to prove that they met the multiple circumstances prescribed by law, so the court did not support their claims. Chen Moujie asserted that he was completely incapacitated to work and asked for more inheritance, and Chen Mouxian's will clearly stated that the house W was inherited by Chen Moujie and a sufficient share had been retained for him, so the court did not support Chen Moujie's claim.
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