Guangzhou Tianhe Court heard many "family disputes" caused by school district housing. The old man transferred the school district house to his son in order to let his grandson go to a famous school. If he
wins the "starting line", will he lose the "elderly house"?
"The best investment is to invest in children" "Parents love their children, and they have far-reaching plans" "Never let children lose at the starting line"... In order for children to go to good kindergartens and good schools, many families have When he was born, he began to plan. The whole family mobilized and worked hard, with money and strength, all for a house with the blessing of a "famous school" degree.
However, in the process of purchasing "school district housing", some families even had internal conflicts.
Recently, Guangzhou Tianhe Court has heard a number of "family disputes" caused by school district housing.
Text/Guangzhou Daily All-Media Reporter Charter Correspondent Tianhe Faxuan
Can the old man still want to go back to his son's school district and add his daughter-in-law's name?
Court: The degree room involved was borrowed, not gifted, bought or sold
Twenty-two years ago, Lao Li purchased a renovated house in Tianhe District, which is located in the enrollment area of a well-known primary school.
Although Lao Li and his son's family of three have been living together in the house, in order to allow his grandson Yangyang to enter the well-known primary school smoothly, Lao Li transferred the house to his son Xiao Li (that is, Yang Yang's father) in 2012 in the form of a sale and purchase. under the name.
Although the father and son signed a sales contract, Xiao Li did not actually pay any consideration.
In 2014, Xiao Li added his wife Xiao Wu's name to the house involved by changing the registration, and changed the house property registration to a joint ownership of the husband and wife.
In 2018, Lao Li went to the court to sue his son and daughter-in-law, asking to confirm that the property rights of the house belong to him, and took out an "Agreement" signed by him and his son Xiao Li. The "Agreement" states that Yangyang needs to study and enroll , Lao Li temporarily changed the name of the house to Xiao Li's name, but Xiao Li has no right to change the properties of the house, and has no right to dispose of the house, and the real estate still belongs to Lao Li.
Xiao Li has no objection to Lao Li's proposition, saying that he added Xiao Wu's name to the house because Xiao Wu is a teacher and has a better understanding of the admissions policy. He believes that adding Yang Yang's mother's name to the house will allow Yang Yang More confident to enter the "famous school".
However, Xiao Wu refuted the remarks of Lao Li and Xiao Li, saying that it was reasonable for Lao Li to give the house to Xiao Li, and at that time Xiao Li voluntarily gave part of the house to her, and Lao Li also knew about it.
But later, she and Xiao Li became emotional and planned to negotiate a divorce. At this time, Lao Li sued to claim the house back. In essence, he maliciously colluded with Xiao Li to damage his property rights.
Xiao Wu also suggested that their family of three lived in the house involved at that time, and their household registration was also in the house. She and Xiao Li did not need to obtain the property rights of the property to enroll for Yangyang, and Yangyang did not have to be admitted to the "famous school". ".
In this case, although Lao Li transferred the house to Xiao Li in the name of buying and selling, Xiao Li and Xiao Wu did not actually pay the house price, and Lao Li still lived and lived in the house with Xiao Li's family after transferring the house. Pay the relevant fees.
Combining the time of house transfer, the time of children's schooling, and the admission policy of Tianhe District at that time, it can be presumed that Lao Li transferred the house to Xiao Li, and Xiao Li added Xiao Wu's name to the house to solve the problem of children's schooling. For the purpose of borrowing the house, not as a gift or sale.
At the same time, the WeChat conversation record between Xiao Li and Xiao Wu can prove that Xiao Wu did not regard the property involved as joint property of the husband and wife, and the actual reason for knowing that the house was transferred was not based on the meaning of gift.
Therefore, Lao Li's petition to confirm that the property involved in the case is owned by him and to request Xiao Li and Xiao Wu to transfer the property involved in the case to his name has sufficient grounds and should be supported.
In the end, the Tianhe Court ruled that the house was owned by Lao Li, and Xiao Li and Xiao Wu cooperated with Lao Li to go through the registration procedures for changing the owner of the property.
Xiao Wu refused to accept and filed an appeal. The second-instance court held that the first-instance judgment was not inappropriate, dismissed the appeal, and upheld the original judgment.
The old man wants to find his wife to spend his later years and wants to return to the degree room that was originally transferred to his son
Court: The real estate agreement involved should be recognized as a loan contract
Lao Zhao is a retired college teacher who owns a housing reformed house in Tianhe District, located in the "famous school" degree area.
In 2012, Lao Zhao signed an agreement with his only son, Xiao Zhao, to transfer most of the property rights of the house to Xiao Zhao's name in the form of a superficial transaction without actually paying the house price for his grandson Dongdong's schooling needs. It symbolically occupies one square meter.
At the same time, the two parties also agreed that Xiao Zhao should unconditionally transfer the property rights of the house when Lao Zhao has special needs.
Later, Lao Zhao felt that he was getting old and frail and needed to find a wife to live with in the house involved, so he proposed to Xiao Zhao to get all the property rights of the house back.
In the case of repeated rejections, Lao Zhao sued his son Xiao Zhao to the court, asking to confirm that the property involved in the case was owned by one person, and asked Xiao Zhao to assist in the return and transfer registration.
Xiao Zhao believes that Lao Zhao has donated his share of the house to him, the gift has been completed, and there is no statutory revocable situation, so he believes that Lao Zhao's appeal has no legal and factual basis.
The focus of this case is mainly on whether the "Agreement" between Lao Zhao and Xiao Zhao is a loan contract or a gift contract.
Although both the loan contract and the gift contract are free of charge, the transfer of the subject matter is different between the two. The former needs to be returned to the original owner within a certain period or after use, while the latter changes the ownership of the subject matter and does not need to be returned.
In this case, although the "Agreement" signed by the two parties stipulated that the house involved would be given to Xiao Zhao for free in the form of "sale on the surface, but in fact it is a gift", leaving only one square meter for Lao Zhao, it also stipulated that "in special circumstances, "Unconditional return" is the return condition, so the "Agreement" should be regarded as a loan contract even if it is of a gratuitous nature.
As for the ownership of the house involved in the case, the "Agreement" between Lao Zhao and Xiao Zhao stipulated the terms of return under special circumstances. Although the specific circumstances of the special circumstances were not clearly stipulated, Lao Zhao took back the house because he needed to find a wife to live with. The reason is in line with social common sense, and Lao Zhao's claim should be supported.
In the end, the Tianhe Court determined that the house involved belonged to Lao Zhao alone. Since the house involved was lost due to demolition during the litigation process, the demolition rights of the house belonged to the replacement of the value of the house lost due to demolition, so it ruled that the demolition rights and interests of the house involved belonged to Lao Zhao.
Xiao Zhao refused to accept and appealed, but during the trial of the second instance, Xiao Zhao withdrew the appeal based on the consideration of maintaining family affection.
Judge reminds:
Risk prevention should be done when the elderly donate real estate to children
The grandparents transferred the "school district house" to their children's name for the admission of their grandchildren, reflecting the love of the elderly for their children and grandchildren.
In "Qing", children should be grateful for their parents' selfless efforts, respect the choice of the elderly, and properly arrange the elderly's daily life; in "Reason", if the two parties have made an agreement on the nature of the property transfer, the children should also abide by the agreement. Do not arbitrarily dispose of or even deliberately damage the property rights of parents.
Once the real estate is transferred, once the ownership of the house is transferred, it is difficult to return it easily.
When the elderly transfer real estate to their children, if they do not express their intention to donate it voluntarily, they should take appropriate risk precautions.
1. Sign the internal agreement.
Explain the purpose of the house transfer (such as the need for grandchildren to go to school, etc.), the children are only borrowing or holding it, and it is clear that the ownership is still owned by the old man, and the old man still has the right to live in the house, and the conditions and time for the transfer of the house property rights to the old man are clear. and other terms.
2. Set up a mortgage.
In order to prevent the house from being "quietly" disposed of for the second time, the elderly can set up a mortgage on the property, with the purchase price as the subject of the creditor's rights, the mortgagee is the elderly, and the mortgagor is the son, daughter-in-law/daughter, and son-in-law. Rights and interests are more fully guaranteed.