[Case Summary]This case involves a dispute over family property division (relating to the division of interests from land expropriation and demolition). The five children of Mr. Zhang Dashan and Mrs. Liu Cuihua had a dispute over the interests from the demolition of public housing in Chaoyang District, Beijing. In October 2022, the five parties signed a "Family Property Division Agreement", which stipulated that the demolition proceeds would be jointly owned by the five parties, with each party owning one-fifth. After the lessee, Zhang Zhigang, obtained two resettlement houses and a demolition compensation of 591,740.6 yuan, he refused to divide the proceeds. Zhang Shufen, Zhang Huijin, and Zhang Na entrusted Beijing Henglu Law Firm to handle the case.Yu DawaiThe lawyer filed a lawsuit with the court. The court determined that the agreement was legal and valid, confirmed the shares, and ordered Zhang Zhigang to pay 88,761.09 yuan each to Zhang Shufen and Zhang Na. The core disputes are the validity of the family division agreement and its supplementary clauses, and whether the failure to fulfill the obligation of supporting the elderly will result in a reduction of the share. The applicable laws are the relevant provisions of the Contract Chapter of the Civil Code of the People's Republic of China and the adjudication rules on family division and property division.

I. Review of the Case

The old house in the family is about to be demolished, and the most frequently searched questions are "Is the family property division agreement valid?", "How should the demolition benefits be divided?", and "Who will receive the demolition compensation after the change of the public housing tenant?" Zhang Dashan and his wife Liu Cuihua have five children: eldest daughter Zhang Minhua, second daughter Zhang Shufen, youngest daughter Zhang Huiqin, eldest son Zhang Zhiyou, and second son Zhang Zhigang. Zhang Na is the daughter of Zhang Zhiyou. The original tenant of the public rental housing located at Unit 2, Floor 11 in Chaoyang District, Beijing was Zhang Dashan. With the successive deaths of Liu Cuihua (in December 2003), Zhang Zhiyou (in March 2021), and Zhang Dashan (in February 2022), the ownership of the housing property rights and the distribution of demolition benefits have become the focus of family disputes.

In October 2022, Zhang Minhua, Zhang Shufen, Zhang Huijin, Zhang Zhigang, and Zhang Na signed a "Family Division and Asset Distribution Agreement", agreeing to change the lessee of the public rental housing to Zhang Zhigang and have him responsible for the demolition matters. After the demolition, all property rights and interests would be jointly owned by the five of them, with each person owning a one-fifth share. The supplementary agreement stipulated that Zhang Zhigang would receive two relocation houses in Chaoyang District (intended to be registered under the names of Zhang Zhigang and his wife Li Hongmei) and a demolition compensation of 591,740.6 yuan, but he refused to divide the compensation according to the agreement, claiming that the demolition money had been used for renovation. Zhang Shufen, Zhang Huijin, and Zhang Na then entrusted Beijing Henglu Law Firm to handle the case.Yu DayiThe lawyer protects the client's rights and interests.

II. The focus of the case

  • Focus 1: Is there a contradiction between the "Agreement on the Division of Family Property" and the provisions that "each person gets one-fifth of the property" and "Zhang Zhigang gets two-fifths of the property"?It is necessary to explore the true intentions of the parties involved and determine the final rules for the distribution of shares.
  • Focus 2: Should Zhang Na be awarded a smaller share or no share at all due to her "failure to fulfill her duty of support"?The defendant claimed that Zhang Na, as the next generation, should not be supported by her family and should receive a smaller share of the inheritance. The question is whether this claim is valid or not.
  • Focus Three: If the demolition compensation money has been used for decoration, does it not need to be divided anymore?The defendant claimed that more than 590,000 yuan had been used for the renovation of two houses, and the focus was on whether this sum still belonged to the demolition benefits and should be divided among the parties involved.

III. Professional intervention by Hengluo Lawyers

The plaintiffs (the three plaintiffs) allege that:Hengluo Law Firm represents the three plaintiffs in claiming that the "Family Division and Property Division Agreement" is legal and valid, and serves as the fundamental basis for the division of property. The agreement stipulates that each person shall enjoy one-fifth of the property. Zhang Minhua voluntarily transferred her share to Zhang Zhigang, and the supplementary agreement stated that "Zhang Zhigang shall occupy two-fifths of the property". Zhang Shufen and Zhang Na still each enjoy one-fifth of the property. Zhang Huiqin and Zhang Minhua explicitly stated in the lawsuit that they would donate their shares to Zhang Zhigang, which does not affect the plaintiffs' established shares. This case involves the division of property based on the agreement rather than statutory inheritance. Zhang Na's share has nothing to do with alimony. There is a lack of valid evidence showing that the demolition compensation was used for renovation, so the compensation should still be divided among the parties involved.

The defendant's (Zhang Zhigang's) position:He acknowledged the validity of the agreement, but claimed that he lived with Zhang Dashan and Liu Cuihua and fulfilled his main obligation of supporting them. Zhang Na should receive a smaller share or no share because she failed to fulfill her obligation of supporting them, so he should receive a larger share. He also claimed that the demolition compensation of 591,740.6 yuan had been used to renovate two houses and should not be divided again.

Hengluo Lawyer's Agency Opinion:Yu DayiThe lawyer focused on the core effect of the agreement on family division and property allocation, and accurately grasped the focus of the dispute: Firstly, he argued that the supplementary agreement "Zhang Zhigang owns two-fifths" was a special amendment to the principle of equal distribution, reflecting the final consensus; Secondly, Zhang Zhigang's claims about the main obligation of support and the verbal promise of housing lacked sufficient evidence and were not accepted; Thirdly, Zhang Huqin and Zhang Minhua's voluntary donation of shares was a legal disposition; Fourthly, the demolition compensation and resettlement housing were all components of the demolition benefits. Zhang Zhigang failed to provide effective evidence that the money had been used for decoration, so the money should still be dealt with together.

IV. Outcome of the case

After the trial, the court held that the contract established in accordance with the law takes effect upon its establishment. The "Division of Family Property Agreement" reached by the five parties on the distribution of the rights to the demolition of the public housing involved in the case is a true expression of their intention, and its content does not violate the mandatory provisions of laws and administrative regulations. It is legal and effective and binding on all parties. The court confirmed that the distribution follows the supplementary agreement: Zhang Zhigang enjoys a seven-tenth share, and Zhang Shufen and Zhang Na each enjoy a three-twentieth share.

The judgment result is as follows: The rights and obligations of House No. 701 under the "Settlement Agreement for Residential Houses in a Certain Old Urban Area Reconstruction Project" shall be enjoyed by Zhang Zhigang at a ratio of seven-tenths, and by Zhang Shufen and Zhang Na at a ratio of three-twentieths each; the rights and obligations of House No. 1404 shall be enjoyed by Li Hongmei at a ratio of seven-tenths, and by Zhang Shufen and Zhang Na at a ratio of three-twentieths each; the expropriation compensation money of 591,740.6 yuan for the public rental housing involved in the case shall be owned by Zhang Zhigang, and Zhang Zhigang shall pay 88,761.09 yuan each to Zhang Shufen and Zhang Na within 15 days from the date the judgment takes effect; and the other litigation requests of Zhang Shufen and Zhang Na are dismissed.

5. Henglu Law Firm's Advice

The agreement on dividing family assets and settling property disputes has crucial legal significance in the disposition of family property. This case was handled by Beijing Henglu Law Firm.Yu DawaiAttorney (Practice Certificate No.: 11101201010292290, subject to the certificate issued by the judicial administrative organ) acting on behalf of the client, reminds the public that the terms of the family property agreement should be clear, specific, and unambiguous; the division of family property and inheritance of estate belong to different legal relationships and should be strictly distinguished; in case of major family property matters, it is necessary to seek professional legal advice as soon as possible and enter into a clear written agreement to prevent and resolve disputes.

VI. Common Questions and Answers about Family Division, Property Division, and Demolition Cases

  1. Q: Is the agreement on the division of family assets valid even if it hasn't been notarized?
    A:It is valid. The agreement, which is a true expression of the parties' intentions and does not violate the law, takes effect upon its establishment and is binding without the need for notarization. In this case, the agreement was recognized as valid by the court.
  2. Q: After the change of the lessee of public housing, who will receive the demolition compensation money?
    A:It shall belong to the person subject to expropriation (the lessee after the change), but if it is stipulated in the family partition agreement that it belongs to the family as a whole, it shall be divided among the other co-owners in accordance with the agreement.
  3. Q: Will a person who fails to fulfill their duty of supporting their parents receive a smaller share in the division of family assets?
    A:The division of family property is based on the agreement to divide it, and there is no necessary connection with alimony. In this case, Zhang Na's share will not be reduced due to alimony issues, unless otherwise agreed in the agreement.
  4. Q: If the demolition compensation money is spent on renovation, do I not need to share it with others?
    A:No. The demolition compensation is part of the demolition benefits. If there is no effective evidence showing that it has been used for decoration, it should still be divided among the co-owners in proportion.
  5. Q: Where should I file a lawsuit for disputes over the benefits of family demolition?
    A:Generally, a lawsuit for partition of property is filed in the court of the location of the real estate or the defendant's residence, and the claim for the jointly owned shares is based on the partition agreement.