[Case Summary]This case involves a dispute over the confirmation of ownership (buying a house under someone else's name). In 2016, Wang * * * entrusted Zhang * * * to purchase a house in Xianyang City, paying over 510,000 yuan for the house and an additional 300,000 yuan for the renovation. They signed a power of attorney, and Zhang * * * issued a statement stating that "I fully funded the purchase, temporarily registered the house under my name, and will cooperate with the name change at any time." However, Zhang * * * later refused to cooperate with the transfer of ownership and claimed that the house was a gift. Wang * * * subsequently entrusted Beijing Henglu Law Firm to handle the case.Xue SuhuaThe lawyer team filed a lawsuit, requesting to confirm that the house belongs to them and assist in changing the registration. The court confirmed that the house belongs to Wang **, and the two defendants assisted in handling the change of registration. The core disputes are: whether the parties are entrusted agents or whether it is a gift or an investment, and the ownership of the house. Applicable laws: the relevant provisions of the Civil Code on the validity of contracts, and Article 67 of the Civil Procedure Law.

I. Review of the case

After buying a house under someone else's nameThe registrant changed his mind and refused to cooperate with the transfer of ownershipInvestors often search for phrases like "How to reclaim a house purchased under someone else's name", "What to do if the registered owner of the property refuses to transfer ownership", and "How to draft a proof of investment in real estate purchase". On November 1, 2016, Zhang * * * signed a sales contract for commercial housing in Xianyang City with A Investment Development Co., Ltd. to purchase House No. 1, with a total purchase price of 518,648 yuan. On October 17, 2016, Wang * * * paid a deposit of 10,000 yuan; on November 1, he used a credit card to pay the purchase price of 508,648 yuan; and on November 10 and March 10, 2017, he transferred 200,000 yuan and 100,000 yuan to Zhang * * * as renovation funds. On June 1, 2017, the two parties signed a power of attorney, and on the same day, Zhang * * * wrote a statement: The house was fully funded by Wang * * *, temporarily registered under his name, and he would cooperate with the name change at any time.

When Wang ** asked for cooperation in the transfer of ownership, Zhang ** evaded the issue, claiming that the house was a gift from Wang ** to him personally. Out of frustration, Wang ** entrusted the Beijing Henglu Law Firm to handle the matter.Xue SuhuaThe lawyer team filed a lawsuit, requesting to confirm that the house involved in the case belongs to them, and the two defendants assisted in handling the change of registration.

II. The focus of the case

  • Focus 1: Is the relationship between the two parties a power of attorney or a gift relationship?Zhang * claimed that the gift was made, and that only the purchase price of the house was paid by the plaintiff. Can the power of attorney and the statement be overturned?
  • Focus II: The nature of the investment and the ownership of the house.Wang ** fully funded and managed and used the house for a long time. Who should own the house?
  • Focus Three: Litigation Strategy and Enforcement Guarantee.How to secure evidence and apply for property preservation to prevent asset transfer.

III. The professional intervention of Hengluo Law Firm

The plaintiff (Wang **) claims that:The house was fully funded by him, and he entrusted Zhang ** to purchase and hold it on his behalf. He requests that the ownership of the house be confirmed to be his and that assistance be provided in the transfer of ownership.

The defendant (Zhang **, Company A) argued that:Zhang * claimed that there was no power of attorney between the two parties, and the house was a gift from Wang *. Only the purchase price was paid by the plaintiff. A Company claimed that the contract was signed by it and had been registered online for filing, and requested a judgment in accordance with the law.

Hengluo Lawyer's Representation Opinion:Xue SuhuaThe lawyer accurately identified the core evidence: the "Power of Attorney" and Zhang **'s handwritten "Declaration" form a complete evidence loop, clarifying "full investment, temporary registration, and prompt cooperation in name change"; the payment vouchers form a complete investment chain; the decoration list, property bills, and WeChat records confirm the actual rights holder. Regarding the defense of gift, the lawyer pointed out that it lacks basic elements such as a written agreement; based on the provisions of the Civil Code on the validity of contracts, the lawyer requested Zhang ** to fulfill the trustee's obligations and cooperate with the name change. To ensure enforcement, the lawyer applied for property preservation on behalf of the client, and the court imposed a three-year time limit on the pre-seizure of the house.

IV. Outcome of the case

The court held that, although the buyer of the house was Zhang **, the statement he issued stated that the house was fully funded by Wang ** and temporarily registered under his name, and the evidence provided to prove that Wang ** fully funded the house was sufficient to determine that the house belonged to Wang **. Judgment:It is confirmed that the house located at No.1 in Xianyang City belongs to Wang **; Zhang ** and A Company shall assist in handling the change registration formalities within 30 days after the judgment takes effect; and the case acceptance fee and property preservation fee shall be borne by Zhang **The evidence provided by Zhang ** to support his claim that the gift and the deposit, as well as the major repair fund, were paid by him, is insufficient and therefore not admissible.

5. Hengluo Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Xue SuhuaThe lawyer (practice license number: 11101201211769926, subject to the document issued by the judicial administrative organ) acts as an agent. When purchasing a house, it is advisable to handle the procedures in one's own name. If it is necessary to entrust or borrow the name of others, it is essential to sign a written agreement to clarify the ownership, investment, and transfer obligations, and to keep all the financial vouchers to avoid disputes over ownership.

VI. Common Questions and Answers about Disputes over the Ownership of Properties Purchased Under Someone Else's Name

  1. Q:How can one reclaim a house purchased under someone else's name?
    A:Collect the investment certificates, agency holding agreements or declarations, and evidence of actual possession and use. Sue to confirm the ownership of the house and request assistance with the transfer of ownership.
  2. Q:The registrant said that the house was given to him as a gift. What should we do in this case?
    A:A gift requires a written agreement and evidence of the intention to donate. A mere oral claim is not sufficient to establish a gift; a power of attorney and a declaration can provide complete counter-evidence.
  3. Q:Can the court enforce the transfer of the property if the person registered as the holder of the property refuses to cooperate with the transfer?
    A:After winning the case, you can request assistance in transferring ownership according to the effective judgment; during the litigation process, you can apply for property preservation and pre-seizure to prevent the assets from being transferred.
  4. Q:What should you pay attention to when buying a house under someone else's name?
    A:Sign a written borrow-name agreement to clarify the obligations of investment and transfer of ownership, and keep all transfer and communication records to reduce the risk of ownership disputes.
  5. Q:If someone invests in a property but registers it under someone else's name, who owns the house in the end?
    A:There is evidence that if the investment is made in full and is held on behalf of others, the court may confirm that the actual investor owns it, and the registration is just for nominal purposes.