On October 9, 2002, plaintiff Zhou Lixia and defendant Jiang Xuehua registered their marriage, and plaintiff Jiang Minru was born on April 6, 2003. On December 17, 2010, plaintiff Zhou Lixia and defendant Jiang Xuehua divorced by agreement, and plaintiff Jiang Minru lived with plaintiff Zhou Lixia. On April 13, 2012, the plaintiff Zhou Lixia and the defendant Jiang Xuehua remarried, and then registered their divorce on March 22, 2018. The third treaty is located in the three-story house in Kecheng District, Quzhou City, which is owned by Jiang Minru, and Jiang Xuehua enjoys the right of residence for life.
The defendant Jiang Xuehua replied that 1. In January 2013, the defendant's application for building a house was approved, and the house involved in the case was built on the homestead of the defendant's parents' old house, and although the names of the two plaintiffs were on the building application, it was owned by the defendant solely according to the Zhejiang (2019) Quzhou Real Estate Property No. XXXX Ownership Certificate.
The court ruled that] 1. It is confirmed that the plaintiffs Zhou Lixia and Jiang Minru have a real estate right in Kecheng District, Quzhou City [Zhejiang (2019) Quzhou City Real Estate No. 0xxxx, with a land use right area of 90.].00 The floor area of the house is 27000 ] Share one-half of the property rights; Defendant Jiang Xuehua has one-half of the property rights share in the above-mentioned real estate;
2. Reject plaintiffs Zhou Lixia and Jiang Minru's other litigation claims.
Lawyer's Analysis] The property rights of the houses involved in the litigation are obtained on the basis of legal approval and construction, and the submission of rural private housing land is the basis for the examination and approval of property rights. Although the applicant for registration in the report is Jiang Xuehua, the family registration column includes Zhou Lixia, Jiang Minru and Jiang Xuehua. That is to say, the object of approval for building a house is a family represented by Jiang Xuehua, rather than Jiang Xuehua alone for approval of the construction of a house, and his family members are the main body of the approval of the construction of the house.