In order to let the grandson study in a prestigious school, can Grandpa transfer the degree room to his son, can the house still come back?
Author:Guangzhou Daily Time:2022.06.17
In order to allow children to go to good kindergartens and good schools, many families started planning when their children were born. The family mobilized and tried their best to be a house with a "famous school" degree.
However, in the process of preparation for the "school district house", some families even had internal contradictions. The reporter was informed today that the Guangzhou Tianhe Court tried the "family disputes" caused by school district houses.
Grandpa sued his son in the name of the degree house in his name and asked to get it back to the real estate
Two years ago, Lao Li purchased a house reform house in Tianhe District from the unit. The house reform was located in the enrollment location of a well -known elementary school. Although Lao Li and his son's family of three have been living in the house together, in order to allow grandson Yang Yang to enter the well -known elementary school, Lao Li passed the house in 2012 to his son Xiao Li, the father of Yangyang, In the name, Xiao Li became the only property owner of the house.
However, although the father and son signed a sales contract, Xiao Li actually did not pay any consideration. In 2014, Xiao Li added the name of his wife Xiao Wu to the house involved in the house, and changed the registration of the property rights to the husband and wife.
In 2018, Lao Li went to the court to sue his son and daughter -in -law, asking for confirmation of the property rights of the house, and took out a "Agreement letter" signed with his son Xiao Li. Lao Li temporarily renamed the house under the name of Xiao Li, but Xiao Li had no right to change the attributes of the house and had no right to punish the house. The property was still owned by Lao Li.
In this regard, Xiao Li had no objection to Lao Li's proposal, saying that he added his wife to his wife Xiao Wu's name because Xiao Wu was a teacher and knew more about the entry policy. The name allows Yangyang to be more confident to read the "famous school".
Xiao Wu refuted the speech of Lao Li and Xiao Li, saying that Xiao Li was the only son of Lao Li, and Lao Li presented the house to Xiao Li reasonable, and because she had a good relationship with Xiao Li, Xiao Li voluntarily voluntarily voluntarily voluntarily voluntarily voluntarily. Give her part of the share of the house, and Lao Li is also informed. However, later she and Xiao Li's emotional change intended to negotiate divorce. At this time, the old Li sued for the house, which was in essence to make a maliciously colluding with Xiao Li, which was intended to harm her property rights and interests.
In addition, Xiao Wu also proposed that at the time, the family of three lived in the house involved, and the hukou was also in the house. According to the entrance policy, she and Xiao Li did not need to obtain the property rights of the property. It is not necessary to enter the "famous school", so Lao Li proposed that the transit of the house is not established for the borrowing relationship caused by the enrollment of Yangyang.
Court judgment: The degree room involved in the case is to borrow non -gift, buy and sell
After the trial of the Tianhe Court, he believed that although Lao Li gave Xiao Li from the name of buying and selling the house, Xiao Li and Xiao Wu did not actually pay the house, and Lao Li still had a house with Xiao Li's family after the house was transferred. A total of four people live and pay related fees in the house together.
Combined with the time of the house, the child enrollment time, and the admission policy of Tianhe District at that time, it can be preserved that Lao Li adds the house to Xiao Li, and Xiao Li's name is added to Xiao Wu's name to solve the child's enrollment reading problem. Out of the purpose of borrowing a house, not gifts or trading.
At the same time, the WeChat dialogue records between Xiao Li and Xiao Wu prove that Xiao Wu did not regard the real estate involved as a common property of the husband and wife. The actual reasons for knowing that the house transfer was not based on the meaning of gifts. Therefore, Lao Li complained to confirm that the property involved in the property and asked Xiao Li Xiaowu to bring the property involved in the real estate to his name, and it should be supported and should be supported.
In the end, the Tianhe Court determined that the house was owned by Lao Li, and Xiao Li and Xiao Wu cooperated with Lao Li to handle the registration procedures for the change of real estate owners. Xiao Wu did not accept the appeal. The court of second instance believed that there was no improper judgment in the first instance.
Judge's mind: Make children win at the starting line of enrollment and lose on the moral starting line
For the grandson's enrollment problems, the ancestors transferred the "school district house" to their children's names, which reflected the love of the elderly for their children and grandchildren. In "love", children should be grateful for their parents' selfless efforts, respect the choice of the elderly, and properly arrange the living life of the elderly; in the "reason", if the two parties have agreed on the property of the real estate, the children should also keep the agreement. Do not punish or even deliberately damage the property rights and interests of the parents.
The best "school district house" is the advice of parents' words to their children. Do not let the children win the starting line in the admission, but lose to the moral starting line.
Text/Guangzhou Daily · Xinhuacheng Reporter: Articles of Association Correspondent: Tianhe French Map/Guangzhou Daily · Xinhuacheng Reporter: Articles of Association Guangzhou Daily · Xinhuacheng Editor: Long Chengliu
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