On a late autumn morning, the sun caressed the cheeks of Uncle Chen and his wife, and the two walked out of the bustling market with shopping bags on their backs. They walked side by side to the downstairs of the house, but they did not go upstairs for a long time. Why is that?It turned out that they lived in an old neighborhood, and the family's house was on the fifth floor and there was no elevator.
For the two elderly people, the last trip to the stairs has become a difficult challenge, especially when it is cold, they are wearing thick clothes, and they have to rest for a while every time they go upstairs, panting. For this reason, Uncle Chen made up his mind to buy a house with an elevator. In fact, he had planned in his heart for a long time, but he never acted because of the limited funds on hand.
Uncle Chen made this decision for a more important reason, that is, his son Chen Yu has a partner to talk about marriage, and they also have to prepare a wedding room for Chen Yu. Due to the pension and emergency considerations of Uncle Chen and his wife, they discussed with Chen Yu and prepared to make a down payment for their son to buy a house and live together.
After Chen Yu agreed, the family went to see the house, and finally chose a comfortable three-bedroom apartment, and Uncle Chen paid a down payment of 2.43 million. Due to his age, Uncle Chen was unable to take out a loan, so Chen Yu was responsible for the rest of the house payment, and only Chen Yu's name was written in the purchase contract. Although the house was bought in the name of Chen Yu, it was agreed between them a long time ago that they would live together in the future, and Uncle Chen and his wife would cook for them, clean up, and help them take care of the children.
I thought they would live happily ever after, but when my son came back from his honeymoon, he suddenly offered to sell the house. This decision was like a thunderbolt, shocking the old couple. This new house has just been moved in for a short time, how can it be sold?Why?Chen Yu explained that the location is not good, and the house type is not good, in short, there are various reasons. But Uncle Chen and his wife didn't agree anyway, they were looking forward to a better future of living with their son's family in their hearts, how could they move away so passively?
Uncle Chen resolutely disagreed with the sale of the house, and bluntly said that they bought the house with their money, and if Chen Yu insisted on selling, he should return the 2.1 million yuan paid by Uncle Chen to them. And Chen Yu replied confidently: "What kind of money?"You gave it to me voluntarily, and I didn't ask you to borrow it, and I didn't have any money to pay it back. In the face of his son's cold attitude, Uncle Chen was furious, he couldn't imagine that his son, who had worked hard all his life, would say such a rebellious thing. His heart felt a chill hit him, and in desperation, Uncle Chen could only choose to take Chen Yu to court.
In court, Uncle Chen had tears in his eyes and reluctantly said that they didn't want Chen Yu to sell the house, as long as Chen Yu returned the 2.1 million yuan they gave them, they would move out. Chen Yu did not shy away from defending that he had not borrowed money from his parents, but that they had given it on their own initiative, and there was no question of repaying the money. In addition, the contract for the purchase of the house and the loan were made in his own name, so the house was his personal property, which he had the right to dispose of, and his parents had no right to interfere with it.
Things get more complicated, and the house becomes a point of contention between the two generations. The trial in the courtroom was tense and intense, and everyone's mood was extremely tense. Uncle Chen tried his best to defend himself, trying to prove that the house was jointly paid for by them and should be treated as joint property. Chen Yu, on the other hand, insisted on his own point of view, believing that the house was his personal property and his parents had no right to interfere.
The judge carefully examined the statements of Uncle Chen and Chen Yu and carefully studied the evidence they provided. In the end, the judge handed down his verdict. According to the relevant provisions of the Civil Law, the property donated before marriage is personal property, and it can only be claimed for return if it has the nature of joint property. According to the purchase contract and loan contract presented by Chen Yu, the house was indeed purchased and loaned in the name of Chen Yu alone, so the judge ruled that Chen Yu had the right to dispose of the property. At the same time, according to the age and physical condition of Uncle Chen and his wife, the judge also emphasized their residential rights and interests in the judgment, requiring Chen Yu to protect the rights and interests of his parents as much as possible and not cause them unreasonable trouble.
After this lawsuit, the relationship between Uncle Chen and Chen Yu has completely broken down. The long-standing family affection can no longer be remedied, leaving behind a pain that will never be let go of for two generations. Compared with the judgment of the law, the emotional entanglement between the two generations is the biggest loss. Uncle Chen and his wife were saddened by the shattering of their family relationship from the bottom of their hearts, and Chen Yu also felt deeply guilty about his attitude towards his parents. As the years passed, the family disputes had passed for a long time, and Uncle Chen and his wife could only silently bear the shackles in their hearts, and they began to move to rent a house near their son's house, and did their best to help take care of their grandson, guarding everything they worked so hard for.
Uncle Qu's point of view: Uncle Chen and his wife have put in a lot of effort to buy a wedding house for their son, and they have always wanted to live with their son. Their down payment and responsibility for their daughter-in-law and children are based on the expectation that their son will repay them. When they bought the house, they did not ask to write their names on the purchase contract, and they always thought that their efforts were for the happiness and reunion of the family. The son's sudden decision to sell the house not only disappointed Uncle Chen and his wife, but also a denial of their lifelong efforts, which is disrespectful to the elders and contrary to family values.
Uncle Li's opinion: Chen Yu is the guarantor of the loan and the only buyer on the purchase contract, so he has the right to decide how to dispose of the property. The house he bought with a loan is legally Chen Yu's personal property, and his parents have no right to demand the return of the contribution. Although Uncle Chen and his wife had a superficial discussion, they did not leave relevant agreements on the purchase contract and loan documents. Chen Yu has the right to decide whether to stay in the house according to his own wishes, and has the right to decide his married life, which does not violate legal principles and personal autonomy. Uncle Chen is too radical to take his son to court, and he should resolve the dispute through communication and negotiation, rather than demanding that his son pay back the money through legal means.
Legal Advice;1.According to the relevant provisions of China's civil law, the property donated before marriage is personal property, and the donee enjoys ownership.
2.Only Chen Yu's name was written on the purchase contract, indicating that the property was purchased and loaned in Chen Yu's personal name, and he had the right to dispose of the property.
3.In litigation disputes, the disputes between Uncle Chen and Chen Yu should be tried and adjudicated in accordance with the relevant provisions of China's Marriage Law and Civil Law, and the residential rights and interests of Uncle Chen and his wife should be taken into account.