[Case Summary]This case involves a dispute over the division of jointly owned real estate. The house at No. 101 in Chaoyang District, Beijing was inherited by Huang Lei and Huang Miao in equal shares of 50% each. However, Huang Miao unilaterally occupied the house and changed the locks, preventing Huang Lei from using it. Huang Lei subsequently entrusted the Beijing Henglu Law Firm to handle the case on his behalf.Li YonghuiAttorney,Fù XiǎofeiThe lawyer sued for division, and both parties agreed that the value of the house was 2.6 million yuan. The court ruled according to the Civil Code that the house would belong to Huang Miao, and Huang Miao would pay Huang Lei a discounted price of 1.3 million yuan and a usage fee of 100,000 yuan. The core disputes are: the right to request division of joint ownership, ownership of the house and the discounted price, and the usage fee. The applicable legal provisions are Articles 298, 303 and 304 of the Civil Code.

I. Review of the Case Facts

What should I do if my brother and I each own half of the house, but the other party wants to take it over alone? This is a common problem in the division of jointly owned property. Huang Dashan had two marriages, with two children from his first wife and three children from his second wife (including Huang Lei and Huang Miao). Huang Dashan died in 2010 and left Room 101 in Chaoyang District. In early 2021, the Chaoyang Court ruled that Huang Lei and Huang Miao each inherit 50% of the property, and the second-instance court upheld this ruling. In July 2021, the real estate ownership certificate recorded that the two of them jointly owned 50% each. After his father's death, Huang Miao has been occupying the house alone and changing the locks without permission, preventing Huang Lei from using it. Huang Lei has entrusted Henglu Law Firm to handle the matter.Li YonghuiAttorney,FU XiaofeiThe lawyer defended the client's rights, claiming the division of the jointly owned house and demanding usage fees. In the lawsuit, both parties agreed that the value of the house was 2.6 million yuan.

II. The focus of the case

  • Focus 1: Can the joint owners request a partition at any time?When there is no agreement on maintaining joint ownership, does each party with a 50% share have the right to request a division of the property?
  • Focus Two: Ownership of the house and the discounted price.Who will own the house, and how will the discounted price be determined based on its value and ownership shares?
  • Focus 3: Housing occupancy fees.Huang Miao monopolized the rights, preventing Huang Lei from using them. Should Huang Lei pay a usage fee and, if so, what amount should he pay?

III. Professional intervention by Hengluo Law Firm

The plaintiff (Huang Lei) alleged that:It is claimed that, as a joint owner with a share in the property, Huang Miao has the right to request the division of the jointly owned property. However, after the judgment, Huang Miao still failed to cooperate in the use of the property and should pay the corresponding housing usage fees.

The defendant's (Huang Miao) position:I disagree with the plaintiff's claims, stating that the elderly person once gave Huang Lei a house and that the division of the property was not clearly defined. After multiple mediation attempts failed, I allowed Huang Lei to live there, but he needs to wait for the court to provide a clear plan first.

Hengluo Lawyer's Agency Opinion:The lawyer pointed out that according to the previous judgment, Huang Lei and Huang Miao, as joint owners with undivided shares, each have the right to request a partition; after the judgment against Huang Miao took effect, he still failed to actively cooperate in the use of the property and pay the usage fees. The lawyer cited Articles 298, 303, and 304 of the Civil Code to argue that there is no agreement to maintain joint ownership, and the property can be partitioned at any time. Based on the actual use of the property and the shareholding ratio, the ownership and the compensation for the property should be determined.

  • Provide evidence of the inheritance judgment and the immovable property ownership certificate, and clarify that each party owns 50% of the property as a joint owner
  • Citing the Civil Code to argue for the right to request a partition at any time
  • Claim that Huang Miao should exclusively receive the royalties and request the ownership and the discounted payment

IV. Outcome of the case

The court ruled in accordance with Articles 298, 303, and 304 of the Civil Code and Article 67 of the Civil Procedure Law: The house located at No. 707, Building 4, Jinsong District 7, Chaoyang District, Beijing, shall be owned by Huang Miao; Huang Miao shall pay Huang Lei a depreciation value of 1.3 million yuan for the house within five days after the judgment takes effect; and on the same day, Huang Miao shall pay Huang Lei a usage fee of 100,000 yuan. The court determined that the parties held a 50% share of the house and could divide it at any time without an agreement to maintain it. Based on the comprehensive living conditions and shareholding, the house was determined to belong to Huang Miao, and the depreciation value of 1.3 million yuan (half of the value of 2.6 million yuan) was paid. After the judgment, Huang Miao still did not cooperate with the use of the house, so the court determined that Huang Miao should pay a usage fee of 100,000 yuan (during the period of joint ownership before the determination of the inheritance share, the court will not support it).

5. Hengluo Law Firm's Reminder

This case is handled by Beijing Henglu Law FirmLi YonghuiAttorney (Practice Certificate No.: 11101199611955812, subject to the certificate issued by the judicial administrative organ)Fù XiǎofeiAttorney (Practice Certificate No.: 11101202111348854, subject to the certificate issued by the judicial administrative organ). Attorney's advice: If there is no special agreement between the joint owners, they can request the division of the real estate at any time; the division can be that one party obtains the house and pays the other party the compensation, or the auction of the division price. If the joint owner exclusively hinders the other party's use of the house, he/she can claim the house use fee. It is recommended to entrust a lawyer as soon as possible to fix the ownership and occupancy evidence in the event of disputes over jointly owned real estate.

VI. Common Questions About the Division of Jointly Owned Real Estate FAQ

  1. Q: What should I do if the other party monopolizes the house that we each own half of?
    A:A co-owner may request a partition of the property, and if the exclusive use of the property hinders his/her use of it, he/she may claim compensation for the use of the property. In this case, Huang Lei received a discounted price of 1.3 million yuan and a usage fee of 100,000 yuan.
  2. Q: Can I request to divide the house into separate units at any time in the case of joint ownership by shares?
    A:Yes. According to Article 303 of the Civil Code, if there is no agreement on maintaining joint ownership, the parties may request a division of the property at any time. In this case, the court supported the request.
  3. Q: Who will own the house, and how will the discounted price be calculated?
    A:The ownership is determined based on the comprehensive living conditions and the shareholding ratio. The party receiving the house shall pay a discounted price corresponding to the value of the house and the other party's shareholding ratio. In this case, the discounted price is 1.3 million yuan each, making a total of 2.6 million yuan.
  4. Q: If the other party changes the lock and doesn't let me in, can I ask for a usage fee?
    A:Yes. If the person still refuses to cooperate after the judgment takes effect, they can claim compensation. In this case, the court will determine the compensation amount at 100,000 yuan.
  5. Q: Can the inherited share also be divided?
    A:Yes. After inheriting a share of the joint ownership, one can request a partition without an agreement, and the case in question originated from the inheritance share.