"I really raised a white-eyed wolf, I gave my son a share of the house, and now he is an adult, I am old, and now he actually asks me for half of the house payment?"
The reason is that Xiaobai sued his father Lao Bai for dividing the house? Lao Bai sighed from this.
It turned out that Xiaobai originally lived with his mother, but now he wants to live in Lao Bai's house when he becomes an adult. Lao Bai remarried and lived with his current wife, and did not let Xiao Bai move in. The house is 50 shares of Dabai and Xiaobai, but Xiaobai's 50 shares are given by Dabai. After several failed mediations by the neighborhood committee, Xiaobai filed a lawsuit with the court, demanding that the house in which he had 50 shares be divided.
So, how did the fifty shares of Xiaobai's house come about?
During the divorce between Dabai and Ms. Jiang, Dabai registered 50% of the property rights in Xiaobai's name by way of sale, and Ms. Jiang did not request the division of the property at issue.
Dabai thinks,
The house is a gift, I am old and frail, the house is my own guarantee, and I can't live without my house. At the beginning, the house was given to Xiaobai, it was a conditional gift, and the house had to be given to Lao Bai to live until he died, and the agreement between him and his wife was to live together, not to take half of the house payment to Xiaobai. If he takes half of the house payment, then he will not agree. Therefore, I can't agree to any plan to divide the house.
Xiaobai thinks,
The house itself is a gift from the mother, not from Lao Bai. At the beginning, Xiaobai lived with his mother at his grandmother's house when he was underage, but now he is an adult, and his mother has the possibility of remarrying, so he can't live together. Although he has fifty shares, Lao Bai remarried and lived with his current wife and did not let himself live. I can only buy another house to solve the residence, but I don't have the money for a down payment, so I can only ask for a divided auction house.
Ladies and gentlemen of wit and fairness, do you think the house can be divided? How do you divide it?
Case source: (2021) Hu 02 Min Zhong No. 3977
The court of second instance held that
The co-owners have ownership of the immovable or movable property in common according to their shares, and the co-owners may request the division of the common property at any time. Xiaobai, as the co-owner of the property at issue, advocated the division of the property at issue, which has a legal basis and should be supported. According to the law, the co-owners may negotiate and determine the method of division of the common property. If no agreement can be reached, and the jointly owned immovable or movable property can be divided and the value will not be diminished by the division, the physical property shall be divided; Where it is difficult to divide or the value will be diminished due to division, the price obtained from the discount, auction or sale shall be divided. During the trial by the court of first instance, after several mediations, Xiaobai insisted on dividing the property at issue, but Dabai did not agree to any division plan, resulting in the failure of the parties to reach an agreement on the division method, so the court of first instance ruled that the price obtained from the auction of the property at issue should be divided according to its share, which was not improper.
Lawyer Yang Qinren's comments,
How does this house come to decide whether the house should be divided, and how should it be divided?
The nature of the house ---- a gift from Xiaobai's mother.
During the divorce between Dabai and Ms. Jiang, Dabai registered 50% of the property rights in Xiaobai's name by way of sale, and Ms. Jiang did not request the division of the property at issue, which can be regarded as the transfer of her share of the property rights of the property at issue to Xiaobai by her mother, Ms. Jiang.
Therefore, what Xiaobai asked for was actually the share of the house that his mother Ms. Jiang gave to Xiaobai when he was divorced.
Do you agree with the courts? Or if you have different views, you can leave a message to discuss.
