The woman sued her parents for refusing to pay for her to study abroad and demanded to divide the house

The daughter had conflicts with her parents due to issues such as studying abroad and working, and sued her parents for dividing the shared property to obtain discount money for studying abroad. The family dispute finally entered the court.

Liu Chen, a lawyer from Dehe Hantong law firm, represented the case and guarded the house for his parents. This case also shows a series of legal and family ethics issues, with considerable reference value.

Background of the case

Xiao Tian (not her real name), 25, is the only child of Mr. Tian and his wife. Her grandfather and grandmother got a house in Baoshan District after their old house was moved. When Oda was 16 years old, the house was registered as a joint property owned by Mr. And Mrs. Tian and Oda. After grandpa died, Grandma lived in the house alone.

In 2021, Oda began to rent a house away from home due to conflicts with his parents over studying abroad and choosing a job. Oda wants to split the shared house, but his parents refuse to sell or buy out Oda's share of the house. In July of the same year, Mr. And Mrs. Tian and Oda signed an “agreement”, “agreement” agreed that after oda grandma “one hundred years”, parents and Oda will sell the above house, Oda will share the corresponding house money.

Scene of trial

At the trial, the defendant Mr. Tian and his wife argued:

For one thing, Oda did not ask for a split in order to study abroad. In fact, for Oda's desire to study abroad, his parents once gave active help, but finally due to his own reasons can not make it, over the years to help Oda to apply for study abroad, repay various loans, pay a total of more than 500,000 yuan;

Secondly, the source of the fight for housing is that my grandparents moved to the old house, and my grandmother has been living in the house since she took it, and my grandmother has no real estate under her name. No matter based on the provisions of the law on the division of common property, or the public order and good customs of the society should not support Oda's lawsuit.

Opinion of the Court

After the trial, the court held that the rights of the defendant after obtaining the house in this case were registered as common ownership, and the family identity relationship of the three had not changed, so the case did not conform to the loss of common basis. The grandmother of the original property right of the house is still actually living in it, and the plaintiff and defendant agreed to wait until the grandmother “one hundred years” before involving the sale of the house.

At present, both parties say they are unable to pay the other party's discount, so the house in this case is not suitable for division at present. Shanghai Baoshan Court rejected all the plaintiff oda's claims. After the first trial judgment, oda refused to appeal, the second trial to maintain the original judgment.

Enlightenment of the case

In this case, with the efforts of lawyer Liu Chen, he successfully kept the house for Mr. Tian and his wife, and made grandma live in her old home.

Based on this case, a series of legal and family ethics implications are also extended:

1. Common division

In the case of jointly owned property, division is not allowed as a principle and division is allowed as an exception. According to the law, if the co-owners agree that the realty or chattel in common shall not be divided in order to maintain the joint ownership relationship, the agreement shall be complied with. However, if the co-owners have major reasons that require division, they may request division; If there is no agreement or the agreement is not clear, the joint owners may request division at any time, and the joint owners may request division when the basis of common ownership is lost or there are major reasons for division.

In this case, Oda is the only daughter of Mr. And Mrs. Tian, and the two sides, as co-owners, have not reached an agreement on the division of the house involved. Secondly, the family identity relationship of the three has not changed, which is not in line with the loss of common foundation. Finally, there is no sufficient evidence to prove Oda's reasons for the division of the house for studying abroad, living, medical treatment and other needs, and even if the reasons put forward by ODA are objective, they are not the major reasons for the division of the common property.

2. “Division” of family love

Love is filial. Oda as Mr Tian and his wife's only child, but the family contradiction moved to the court is further broken family harmony.

Not only that, the original property right of the house is Xiao Tian's grandma, and Grandma Tian has been living in the house, so for the house, not only is a part of Grandma Tian's life, but also Grandma Tian's feelings for the house, but also Grandma Tian's feelings for Grandpa Tian who has died. If the house is sold at this time, it will disrupt Grandma Tian's life and hurt the old man's feelings.

The law is not a cold machine, as a child should not be selfish only to take into account their own interests.

Introduction to Lawyers

Lawyer Liu Chen 

Partner of Shanghai Dehe Hantong Law Firm

Representative cases include: as the defender of the defendant in the criminal case of opening a casino involving 30 billion yuan of gambling funds, he successfully helped him win a suspended sentence; As the defender of a rape suspect, successfully let the procuratorate make a decision not to prosecute; As the defender of a traffic accident suspect, successfully let the procuratorate make a decision not to prosecute; Acting as an agent for a private enterprise to Sue a large real estate enterprise for dozens of contract cases in the case of many problems in the evidence (such as no written contract, no receipt, etc.), through field visit evidence collection, network evidence collection, court questioning and other methods successfully won the judgment.