[Case Summary]This case involves a dispute over the division of jointly owned property and the occupancy and usage fees. Zhang Mochun and Zhang Mouqiu are siblings. After their parents passed away, the Beijing Shijingshan District No. 202 house was determined by the Beijing First Intermediate People's Court in its final judgment on April 29, 2024, to be jointly owned (Zhang Mochun 1/2, Zhang Mouqiu 9/20, Zhao Mouqing 1/40, and Zhao Mouzhen 1/40). After the second-instance judgment took effect, the house was actually occupied by Zhang Mouqiu, who changed the locks and refused to provide the password. As the largest co-owner, Zhang Mochun was unable to use the house. Zhang Mochun entrusted Beijing Henglu Law Firm to handle the case.Yu DayiThe lawyer filed a lawsuit for the division of jointly owned property, requesting the auction and division of the property and the payment of usage fees. The court adopted the lawyer's opinion, supported the auction and division of the property in accordance with the Civil Code, and determined that Zhang Mouqiu should pay usage fees of 1,200 yuan per month starting from May 1, 2024. The core disputes are: whether a fractional co-owner can request division at any time, how to divide the property when it cannot be discounted, and whether the exclusive party should pay usage fees. Applicable legal provisions: Articles 298, 303 and 304 of the Civil Code of the People's Republic of China, and Article 147 of the Civil Procedure Law.

I. Review of the case

The real dilemma many people face when searching for terms like "how to divide a property owned in partial joint ownership", "what to do if a co-owner occupies the house and refuses to pay usage fees", and "can the court force a division if one party refuses to allow the auction" is that the shared property is monopolized by relatives, and they cannot obtain usage fees. Zhang Mochun and Zhang Mouqiu are siblings. Their parents, Zhang * and Zhao * Ying, purchased the house No. 202 in a residential complex in Shijingshan District, Beijing, before their deaths. Since the parents died without leaving a will, the siblings and multiple transferees of the inheritance rights have been involved in a dispute over the inheritance. After first-instance and second-instance trials, the Beijing No.1 Intermediate People's Court finally determined the shares of the house No. 202 on April 29, 2024: Zhang Mochun owns 1/2, Zhang Mouqiu owns 9/20, Zhao * Qing owns 1/40, and Zhao * Zhen owns 1/40.

After the second-instance judgment took effect, the house has been actually occupied and used by Zhang Qiuzhu all along. He changed the door locks and refused to disclose the password, which resulted in Zhang Chunqiu, who held the largest share, being unable to enter and use the house. Zhang Chunqiu repeatedly proposed to share the use of the house or for Zhang Qiuzhu to pay the usage fee, but all his proposals were rejected. Zhang Qiuzhu explicitly opposed the auction and refused to pay the fees. Out of frustration, Zhang Chunqiu entrusted Beijing Henglu Law Firm to handle the matter for him.Yu DawaiThe lawyer filed a lawsuit for the partition of jointly owned property, requesting that the auction proceeds be divided according to the share (estimated at 1.6 million yuan); that Zhang Qiujing pay the usage fee of 31,500 yuan from May 1, 2024 to October 15, 2025, and pay 18,000 yuan per month until the property is vacated; and that the defendant bear the litigation costs.

II. The focus of the case

  • Focus 1: Do the joint owners have the right to request the division of the house at any time?When the parties have not agreed that the property shall not be divided, can the co-owners directly request the division of the property?
  • Focus Two: How to divide the house when neither party is able to offer compensation at a discounted price.Is auctioning or selling by public auction the only legal and feasible way to do this?
  • Focus Three: Can the reason for not agreeing to the division prevent the auction from proceeding?The exclusive party's refusal to pay the fees and its objection to the auction will affect the division of assets.

III. Professional intervention by Hengluo Lawyers

The plaintiff (Zhang *chun) claimed that:As the largest co-owner with a 50% share, since the house was monopolized by Zhang Mouqiu and could not be used, he requested to auction and divide the sale proceeds and to recover the occupation and use fees to safeguard his co-ownership rights.

The position of the defendants (Zhang *qiu and others):Zhang *qiu did not agree to the auction and refused to pay any fees, claiming that the house was his parents' inheritance and should not be divided.

Hengluo Lawyer's Agency Opinion:Yu DaweiThe lawyer pointed out that:

  • According to Article 303 of the Civil Code, the joint owners may request partition at any time. In this case, the parties have never agreed not to partition, so Zhang Mochun has the right to request partition at any time according to law
  • According to Article 304 of the Civil Code, if an agreement cannot be reached and the immovable property is difficult to divide, it shall be discounted or auctioned and the proceeds from the auction and sale shall be used for division; since Zhang *qiu is unable to propose a discounted compensation plan, auction and sale is the only legal and feasible way to resolve the issue
  • According to Article 298 of the Civil Code, Zhang Mouqiu's exclusive use of the house infringes Zhang Mouchun's rights and interests, and he should pay the corresponding usage fee according to the market rental standard

IV. Outcome of the case

The court adopted the lawyer's main arguments and, in accordance with Articles 298, 303 and 304 of the Civil Code and Article 147 of the Civil Procedure Law, rendered a judgment in absentia: 1. Support the auction and division of the property—Zhang Mouqiu, Zhao Mouzhen, and Zhao Mouqing shall assist Zhang Mouchun in auctioning and selling the No. 202 house within 15 days of the judgment taking effect, and the proceeds shall be divided according to their respective shares; 2. Partially support the payment of usage fees—Zhang Mouqiu shall pay the usage fees for the house within 7 days of the judgment taking effect (calculated at 1,200 yuan per month from May 1, 2024 to the date the judgment takes effect); 3. Reject other litigation requests. The court adjusted the usage fee standard to 1,200 yuan per month based on factors such as the actual use of the house, the surrounding rental prices, and Zhang Mouqiu's share of ownership.

5. Henglu Law Firm's Reminder

If one party to a jointly owned property exercises exclusive control over it for a long time, the other co-owners may request a partition of the property and claim compensation for the use of the property in accordance with the law. This case was handled by Beijing Hengluo Law Firm.Yu DaweiThe lawyer (practice license number: 11101201010292290, subject to the document issued by the judicial administrative organ) acts on behalf of the client. By accurately applying the rules of division of jointly owned property, he/she helps the client realize the auction division and the recovery of usage fees.

VI. Common Questions and Answers about Disputes over the Division of Jointly Owned Property

  1. Q: How should a jointly owned property be divided among the co-owners?
    A:Unless otherwise agreed by all parties that the property shall not be divided, any co-owner may sue for division at any time; if the property can be compensated by discounted value, the court may order the auction and sale of the property, and then divide the proceeds according to the respective shares of the co-owners; if the property cannot be compensated by discounted value, the court may order the auction and sale of the property, and then divide the proceeds among the co-owners in proportion to their respective shares.
  2. Q: What should I do if a co-owner occupies the house and refuses to pay the usage fee?
    A:If one party actually monopolizes the property and excludes other co-owners from using it, the other co-owners may require them to pay an occupancy fee based on the market rental rate. In this case, the court determined the occupancy fee to be 1,200 yuan per month.
  3. Q: If one party does not agree with the auction, can the property be forcibly divided?
    A:Yes. If none of the parties are able to offer compensation at a discounted price and no agreement can be reached through negotiation, auction and sale is the only legal and feasible way. The reason for not agreeing to the division cannot prevent the auction from proceeding.
  4. Q: How long after the inheritance share is determined must it be divided?
    A:After obtaining a clear share in the inheritance judgment, it is necessary to negotiate or litigate for the division as soon as possible. The longer the delay, the more likely the conflicts will escalate, the house may depreciate in value, and the rental income may not be allocated reasonably.
  5. Q: When does the royalty start to be calculated?
    A:Generally, the period of actual exclusive possession starts from the date of the effective succession judgment and ends on the date when the court judgment takes effect or the tenant vacates the property. The specific standard is determined by the court based on the rental level.