Property Inheritance Lawyer – Disputes over the division of the inheritance of the child's house before the death of the mother

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

Wu Moujie filed a lawsuit with this court: 1. Requesting the court to order the No. 1 house located in Daxing District, Beijing (hereinafter referred to as No. 1) to be inherited by the second defendant, and the second defendant to pay compensation for one-ninth of the value of Wu Moujie's house; 2. The litigation costs of this case shall be borne by the two defendants.

Facts and reasons: Wu Moupeng and Liu Moujuan are husband and wife, and the two have two children, Wu Mouhui and Wu Moujie. Wu Mouhui and Ms. Song are husband and wife, and the two have a son, Wu Mouhao. In 2005, Wu Mouhui purchased No. 1 and registered it in Ms. Song's name. Wu Moupeng died in 2001, Wu Mouhui died in 2008, and Liu Moujuan died in 2021. Wu Moujie and the two defendants could not negotiate on the inheritance of Wu Mouhui's estate, so they sued the court and hoped for a judgment as requested.

The defendant argued

Ms. Song and Wu Mouhao argued that, first, the house was registered in Ms. Song's name, so the house should be owned by Ms. Song personally, and there was no inheritance problem. 2. Wu Mouhao is Liu Moujuan's subrogated heir, so there is no basis for Wu Moujie's claim for one-ninth share; 3. Even if Wu Moujie's share exists in the disputed house, Wu Moujie's claim for more shares has no factual and legal basis. According to Article 1130 of the Civil Code, the decedent may have the main obligation to support the deceased or live with the decedent in more than one share of the inheritance, and the heirs may also agree through negotiation and unequalization. Liu Moujuan had a good relationship with Ms. Song when she was alive, and she had already said that the house would be owned by Ms. Song after her death, so Liu Moujuan's true intention should be respected, so Wu Moujie had no basis for more points.

Fourth, taking a step back, even if there is a problem of multiple inheritances in this case, it should be Ms. Song's multiple shares, Ms. Song, as Wu Mouhui's spouse, the two have a good relationship, Wu Mouhui has been in poor health, and needs to be taken care of by someone around him for a long time, so Ms. Song should share more of the inheritance.

The court ascertained

The decedent, Wu Mouhui, was married to Ms. Song before his death, and the two had a child of Wu Mouhao; Wu Mouhui's father, Wu Moupeng, and his mother Liu Moujuan, had two children before his death, namely Wu Mouhui and Wu Moujie; Wu Mouhui died in 2008, Wu Moupeng died in 2001, and Liu Moujuan died in 2021.

In 2003, Ms. Song signed the Contract for the Sale and Purchase of Commercial Housing with Beijing Company F and purchased No. 1. On June 25, 2010, No. 1 applied for the house ownership certificate and registered it in Ms. Song's name. During the trial of the case, Wu Moujie applied for an appraisal of the market value of No. 1, and the market value was 5,614,200 yuan.

During the trial, Wu Moujie claimed that he had lived with Liu Moujuan since 2005 and had fulfilled more maintenance obligations to Liu Moujuan, and that the part of the house involved in the case belonged to Liu Moujuan, and Wu Moujie should have more points, and Wu Moujie submitted a letter issued by the community neighborhood committee and Liu Moujuan's hospitalization record to support it. The two defendants did not accept the above evidence, and the two defendants believed that Liu Moujuan died suddenly and did not need to be taken care of in her daily life. The second defendant submitted Wu Mouhui's inpatient medical records and diagnosis certificate in the hospital, proving that Wu Mouhui was in poor health before his death and needed long-term medication, and that the medical expenses were jointly borne by Wu Mouhui and Ms. Song, and that Ms. Song fulfilled her main obligation to support Wu Mouhui and made significant contributions to the family, and that she should divide the inheritance more than she could. Wu Moujie believes that Wu Mouhui had a stable income before his death, and he can live a normal life after his illness is cured and does not need to be taken care of.

Upon inquiry, both parties agreed that No. 1 would be owned by the defendant and that the defendant would give Wu Moujie the corresponding share of the estate as compensation for the discount, and the two defendants both claimed that the share of the estate involved in the case belonging to Wu Mouhao should be inherited by Ms. Song.

Adjudication Results

1. House No. 1 in Daxing District, Beijing is owned by Ms. Song;

2. Within 30 days after this judgment takes effect, Ms. Song shall pay Wu Moujie 623,800 yuan in compensation for the discounted value of the house.

Property Lawyer Reviews

Citizens' lawful property rights and inheritance rights are protected by law. An inheritance is an individual's legal property left behind when a citizen dies. Although Case No. 1 was registered after Wu Mouhui's death, it was purchased by the decedent Wu Mouhui and Ms. Song during their marriage, and should be the joint property of Wu Mouhui and Ms. Song, and both parties should each enjoy 50% of the property rights of the house, of which 50% of the share belonging to Wu Mouhui should be inherited by his legal heirs after his death.

After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; if there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; if there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement; after the inheritance begins, it shall be inherited by the heirs in the first order, and the heirs in the second order shall not inherit, and the heirs in the first order shall be the spouses, children and parents of the decedent. Where the decedent's children die before the decedent, the decedent's children are to be subrogated by the blood relatives of the decedent's children.

In this case, neither Wu Mouhui nor Liu Moujuan left a will, and the court's inheritance matters were handled in accordance with statutory inheritance. Ms. Song, as Wu Mouhui's spouse, and Wu Mouhao, as Wu Mouhui's child, are both qualified subjects in this case. Wu Mouhui's father Wu Moupeng died before Wu Mouhui, Wu Mouhui's mother Liu Moujuan was alive at the time of Wu Mouhui's death, and was Wu Mouhui's legal heir, and after Liu Moujuan's death, the share of Wu Mouhui's estate that he should inherit was inherited by his legal heirs. Because the heir in this case is Wu Mouhui, and the disputed property is Wu Mouhui's estate, there is no situation in this case where Wu Mouhui's children died before Wu Mouhui, although Wu Mouhui died before his mother Liu Moujuan, but at the time of Liu Moujuan's death, Liu Moujuan did not actually obtain the inheritance, relative to the decedent Wu Mouhui, Liu Moujuan is still the heir in the inheritance legal relationship in this case, not the decedent, so only the transfer of inheritance occurs, and the transfer of heirs is limited to the surviving personnel, and no subrogation occurs, so Liu Moujuan's share of Wu Mouhui's estate that Liu Moujuan should inherit is inherited by his surviving daughter Wu Moujie。

Heirs who have fulfilled their primary obligation to support the decedent or who live with the decedent may receive an additional share of the estate when the estate is distributed. According to the evidence submitted by the two defendants, Wu Mouhui suffered from a variety of diseases before his death and was hospitalized several times due to different diseases, and Ms. Song, as her spouse, should have fulfilled the main duty of care and support during the period of living with Wu Mouhui, and the court adopted the two defendants' opinions that Ms. Song should share more of Wu Mouhui's estate.

To sum up, 50% of the share of No. 1 belonging to Wu Mouhui is inherited by Wu Moujie, Ms. Song, and Wu Mouhao, and each of them should each occupy one-third of the share. Considering that Ms. Song had fulfilled her main duty of care and support to Wu Mouhui, and should have appropriately divided more, and Wu Moujie only claimed to get one-ninth of the share, and at the same time, taking into account the opinions of both parties on the ownership of the house involved in the case and Wu Mouhao's personal willingness to transfer the share he should inherit to Ms. Song, the court calculated and determined that No. 1 was inherited by Ms. Song on the basis of the appraised value of No. 1, and Ms. Song paid Wu Moujie 623,800 yuan in compensation.

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!