[Case Summary]This case involves a dispute over a contract for purchasing a house under a false name. Liu Guimei and Yang Ming, who found it inconvenient to appear in person, asked their younger brother, Yang Liquan, to purchase a house at No. 502 in Daqing City on their behalf and register it under his name. However, their request for transfer of ownership was rejected because Yang was serving a prison sentence at that time. The two of them then entrusted Beijing Henglu Law Firm to handle the case for them.Wang FangliThe lawyer filed a lawsuit, requesting to confirm the relationship of purchasing a house under a borrowed name and cooperate with the transfer of ownership. The core disputes include: the determination of the relationship of purchasing a house under a borrowed name, the litigation subject of the defendant who is serving a prison sentence, and the obstacles to the transfer of ownership. The court confirmed that the legal relationship of purchasing a house under a borrowed name is established and effective. However, since the house has been mortgaged and the defendant's property has been confiscated, the court rejected the transfer of ownership but confirmed the actual rights and interests of the two plaintiffs. Applicable legal provisions: the adjudication rules related to purchasing a house under a borrowed name.

I. Review of the case facts

"Is there legal effect to buying a house under someone else's name?" and "What should I do if the famous person refuses to transfer the ownership?" are common challenges in real estate disputes. The plaintiffs, Liu Guimei and Yang Ming, are the mother and sister of the defendant, Yang Liquan. In February 2014, for the purpose of retirement living, the two plaintiffs decided to jointly purchase a 502-square-meter house in Daqing City. Due to Liu Guimei's advanced age and Yang Ming's inconvenience in Beijing, they agreed that Yang Liquan would purchase and handle the formalities on their behalf, and the house would actually belong to the two plaintiffs.

The two plaintiffs paid the full purchase price, and after the house was delivered, Liu Guimei lived in it. The original contract, bills, and property ownership certificates were all kept by the two plaintiffs. However, when they requested Yang Liquan to cooperate with the transfer of ownership, their request was rejected, and Yang is currently serving a prison sentence. The two plaintiffs are now seeking legal redress through litigation.Wang FangliThe lawyer filed a lawsuit on behalf of the client, requesting to confirm the relationship of buying a house under someone else's name and cooperate with the transfer of ownership.

II. The focus of the case

  • Focus 1: Determination of the legal relationship in the case of purchasing a house under someone else's name.Is the investment, the occupation and use of the property, the holding of bills, and the reasonable explanations sufficient?
  • Focus Two: The subject qualification for litigation is informed to the person serving a prison sentence.Can prisoners participate in litigation as defendants and protect their rights and interests?
  • Focus 3: Obstacles to the transfer of ownership.The house has been mortgaged, and the defendant's confiscated property will affect the transfer of ownership.

III. The professional intervention of Hengluo Law Firm

The plaintiff alleged in the original lawsuit that:Liu Guimei and Yang Ming requested to confirm that the relationship of buying the house under someone else's name was established, and Yang Li Quan cooperated in handling the transfer of ownership.

The defendant's position:Yang Liquan and his wife, Hu Ting, appeared in court and did not object to the claims of the two plaintiffs. Hu Ting wrote a document to prove that the defendant and his spouse have never lived together.

Hengluo Lawyer's Agency Opinion:Wang FangliThe lawyer submitted the commercial housing sales contract, payment receipts, bank transaction details, and mortgage repayment records, etc., to prove that the two plaintiffs actually paid the full purchase price and have been in possession and management of the property. He also submitted a handwritten document from the third party, Hu Ting, proving that the defendant and his spouse did not live in the property. The evidence forms a complete chain, fully proving the relationship of buying the house under someone else's name. At the same time, he clarified that serving a prison sentence does not affect the litigation subject's qualifications. The court can serve the defendant through the prison management department and arrange court hearings, and the defendant can also appoint agents to represent him.

IV. Outcome of the case

The court held that the judging criteria for buying a house under someone else's name include the contribution of funds for the house, the occupation and use of the house, the possession of purchase documents and property ownership certificates, and whether there is a reasonable explanation for buying the house under someone else's name. Based on the evidence and statements of the plaintiffs, it is confirmed that the relationship of buying a house under someone else's name is established and effective. However, the house involved in the case has been mortgaged, and the defendant has been sentenced to confiscation of all his personal property, which involves other rights. Therefore, the request for transfer of ownership is rejected; at the same time, it is confirmed that the two plaintiffs enjoy actual rights to the house involved in the case, laying a foundation for subsequent claims. Judgment: It is confirmed that the legal relationship of buying a house under someone else's name between Liu Guimei, Yang Ming and Yang Liquan is established and effective.

5. Hengluo Law Firm's Reminder

There are legal risks such as transfer of ownership and disputes over property rights when purchasing a house under someone else's name. It is recommended to clarify rights and obligations in a written agreement. If a dispute arises, seek professional legal help in time and confirm actual rights and interests in accordance with the law. This case is handled by Beijing Henglu Law Firm.Wang FangliThe lawyer (practice license number: 11101201911086939, subject to the document issued by the judicial administrative organ) acts as the agent. In this case, the lawyer confirms the relationship of buying a house under someone else's name with a complete chain of evidence, and secures the actual rights and interests for the client.

VI. Common Questions About Real Estate Transactions FAQ

  1. Q: Is there legal validity to buying a house under someone else's name?
    A: Yes. If the investor, the owner of the property, the holder of the bill of rights certificate, and the explanation are reasonable and sufficient, the court may confirm that the relationship of buying a house under someone else's name is valid and effective.
  2. Q: What should we do if a celebrity refuses to transfer the ownership of the property?
    A: You can sue to confirm the relationship of buying a house under someone else's name and request their cooperation in the transfer of ownership; however, if the house has been mortgaged, sealed up, or the owner's property has been confiscated, the transfer of ownership may not be supported at this time. You should first confirm your rights and interests.
  3. Q: How to provide evidence when buying a house under someone else's name?
    A: Keep the purchase contract, payment receipts, loan repayment records, original bills of ownership, and evidence of actual residence to form a complete chain of evidence.
  4. Q: Can a celebrity who is currently serving a prison sentence be sued?
    A: Yes. A person serving a prison sentence does not lose their status as a litigant. The court can serve the defendant through the supervision authority and arrange a court hearing, and the defendant can also appoint an agent to represent them.
  5. Q: What are the risks of buying a house under someone else's name?
    A: There are potential risks such as transfer obstacles, property rights disputes, and the house being subject to enforcement due to the debt of the famous person. It is recommended to sign a written agreement and conduct a careful assessment before proceeding.