Mr. Wang sold the public house he lived in to others without the consent of his mother, Mrs. Zhang, and refused to give the house money to his mother. In desperation, 70-year-old Mrs. Zhang sued her son and daughter-in-law in court and asked them to return one-third of the house payment. After trial, the court's first-instance judgment supported Mrs. Zhang's claim and sentenced Mr. and Mrs. Wang to compensate Mrs. Zhang for 200 thousand yuan.
Lawyer's statement
In March 2007, Mr. Wang's work unit allocated a public house for Mr. Wang and his wife to live with their mother, Ms. Zhang. After Mr. Wang's wife, Ms. Liu, signed Mrs. Zhang's name and seal on behalf of the employee's family in the Agreement on Purchasing Public Housing without the consent of Mrs. Zhang. Later, Mr. Wang bought this public house with more than 50 thousand yuan and registered the property rights in his own name. In July of 20 13, Mr. Wang sold the house to Mr. Sun for 600,000 yuan.
Mrs. Zhang believes that her son, Mr. Wang, bought the property right of the public house without his knowledge, moved his grandson's account into the house, and sold his shared house without his knowledge. To this end, Mrs. Zhang believed that her son and daughter-in-law had violated their legitimate rights and interests, so she sued the court and asked her son and daughter-in-law to return one-third of the proceeds from the sale.
Mr. Wang argued that he disagreed with his mother's statement. Because public houses are allocated by other units, mothers only enjoy the right to live in the house. When he sold the house, his mother agreed. As the owner of the disputed house, he has the right to dispose of his property.
Ms. Liu argued that her mother-in-law, Ms. Zhang, had confirmed in the Agreement on the Purchase of Public Housing by Employees' Families that the property rights of the disputed house belonged to her husband, Mr. Wang, and now she has no right to claim rights to the disputed house. As the owner of the disputed house, Mr. Wang has the right to dispose of the house. It is also said that Mrs. Zhang is unaware of Mr. Wang's purchase of the property right of the house, which is obviously not true. Accordingly, she disagreed with Ms. Zhang's claim.
After trial, the court held that both the plaintiff and the defendant were residents of the house, so the property rights of the disputed house should belong to the original and the defendant, and the defendant sold the disputed house without the plaintiff's consent. Now the plaintiff's request for dividing the house price of the disputed house is in compliance with the law, and the court supports it. The two defendants argued that the plaintiff was clear about the purchase process, and at that time agreed with the idea that the defendant signed and sealed on his behalf, because it failed to provide relevant basis, which made it difficult for the court to accept the letter.
According to the actual sales price of the house, the court ruled that the defendant paid the plaintiff 200,000 yuan.
(The above answers were published on 2016-11-16. At present, please refer to the actual situation for the relevant purchase policy. )
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