[Case Summary]This case is a dispute over a house purchase contract (defense against buying a house under a false name). Wang Yuhong claimed that she bought House No. 601 under her father's name, Wang Hongtu, and requested Wang Sisi to assist in the transfer of ownership. Wang Sisi entrusted Beijing Henglu Law Firm to handle the case.Xue SuhuaThe lawyer (and Attorney Chai Yueqing) defended the case, arguing that the house was an inheritance and that Wang Yuhong's evidence could not prove the purchase of the house under a false name. The court ruled that Wang Yuhong failed to provide evidence of the agreement to purchase the house under a false name, and that the house was a unit-allocated housing unit for which she did not have the purchasing qualification. The court dismissed all of Wang Yuhong's claims. The core disputes are whether the legal relationship of purchasing the house under a false name exists and the ownership of the house. Applicable legal provisions: Article 90 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China, etc.

I. Review of the Case Facts

"Is buying a house in one's parents' name considered borrowing their name?" "Can one borrow another person's name to qualify for a company-provided housing?" "What should one do if a house inherited as part of an estate is claimed to have been purchased under someone else's name?" These are frequently encountered issues in disputes over property inheritance. Zhang Shufen and her husband Wang Hongtu, as well as their children Wang Wei and Zhang Shufen, all passed away in 2018 and 2023 respectively. Wang Yuhong claimed that in 2011, after discussing with her parents, she purchased the house at No. 601 in Fengtai District in Wang Hongtu's name, paid the full purchase price herself, and lived there. She requested Wang Sisi (Wang Wei's daughter) to assist with the transfer of ownership. However, Wang Sisi disagreed, arguing that the house was part of her grandmother Zhang Shufen's estate and had already been disposed of in a will. She subsequently engaged Beijing Henglu Law Firm to handle the legal matters.Xue SuhuaThe lawyer represented the client in court and defended against the lawsuit.

II. The focus of the case

  • Focus 1: Whether there is a legal relationship of buying a house under someone else's name between Wang Yuhong and her parents.Wang Yuhong did not present a written or oral agreement, and the house was allocated by Wang Hongtu's unit, so only he had the right to purchase it.
  • Focus Two: Is House No. 601 a property held under another's name or an inheritance?Notarial certificates, wills, gift contracts, etc. show that there are multiple arrangements for the ownership of the house in the process of estate settlement and gift-giving.
  • Focus Three: Whether Wang Yuhong's claim for investment is valid.Hengluo Lawyer believes that the evidence submitted by him cannot prove that the purchase price was paid with his own funds, and that the house has been used for long-term residence and decoration by the two elderly people.

III. Professional intervention by Hengluo Law Firm

The plaintiff (Wang Yuhong) claimed that:Wang Yuhong claimed that she financed the purchase of House No. 601 and did it in her father's name. She asked Wang Sisi to assist in the transfer of ownership and submitted evidence such as certificates, donation contracts, and wills.

The defendant (Wang Sisi) argued that:Wang Sisi argued that the house was the inheritance of her grandmother, Zhang Shufen, and had been disposed of in a will. She also claimed that Wang Yuhong's claim of purchasing the house under a false name was untrue. Wang Sisi entrusted Henglue Law Firm to request that all of Wang Yuhong's litigation claims be dismissed.

Hengluo Lawyer's Agency Opinion:Xue SuhuaAfter reviewing the evidence, the lawyer concluded that Wang Yuhong's evidence cannot prove that the purchase price was paid with her own funds. The house has been occupied and renovated by the two elderly people and belongs to Wang Hongtu and Zhang Shufen, rather than being purchased under a borrowed name. The lawyer also submitted notarized documents (showing that Wang Hongtu's estate, including Room 601, was inherited by Wen Shuqin), Wen Shuqin's will, certificates, and real estate donation contracts. The court further found that Zhang Shufen's 2023 self-written will was legally valid, and the property was inherited by Wang Yuhong and Liu Siqian in equal shares. Room 601 was identified as Zhang Shufen's estate. The lawyer's argument pointed out that Wang Yuhong failed to provide evidence of a borrowed name agreement, and the house was allocated by the unit, so Wang Yuhong did not have the purchasing qualification and did not sign the contract herself.

IV. Outcome of the case

The court held that Wang Yuhong should bear the burden of proof for her claim of purchasing the house under another person's name, but she failed to provide written or oral agreements. House No. 601 was a unit-provided housing for Wang Hongtu, and only Wang Hongtu had the right to purchase it. Wang Yuhong did not have the purchasing qualification, and the contract was not signed by her. According to the affidavits signed by Wang Hongtu and Zhang Shufen in 2011, the two elderly people only stated that the house would belong to Wang Yuhong after their death, but did not indicate that Wang Yuhong was the rightful owner during their lifetime. In accordance with Article 90 of the Interpretation of the Civil Procedure Law, the court ruled to dismiss Wang Yuhong's lawsuit.

5. Hengluo Law Firm's Advice

This case is handled by Beijing Henglu Law FirmXue SuhuaAttorney (Practice License No.: 11101201211769926, subject to the document issued by the judicial administrative organ). Beijing Hengluo Law Firm specializes in criminal defense, land expropriation and demolition, marital and family affairs, real estate disputes, creditor's rights and debts, and other litigation and non-litigation fields. The firm always maintains the legitimate rights and interests of clients with a professional, rigorous, and responsible attitude.

VI. Common Questions and Answers about Disputes over House Purchase and Sale Contracts

  1. Q: Is buying a house in your parents' name considered buying a house under a borrowed name?
    A:There must be an agreement on borrowing the name, actual investment, and actual control of use. If it is just stated that "the house is purchased in the parents' name and will be transferred to the borrower in the future", without a written agreement and if the registration unit allocates housing to employees, the borrower of the name will not be eligible. In such cases, it is usually not recognized as a house purchased in the name of others.
  2. Q: Why can't we arbitrarily borrow someone else's name to get a housing unit from our workplace?
    A:The unit-allocated housing (policy-based housing) often restricts the purchase eligibility of specific employees. Only those who meet the eligibility criteria can sign contracts and obtain rights. If others borrow the name to purchase the housing, it violates the eligibility restrictions and policy provisions, and the borrowed name relationship is unlikely to gain court support.
  3. Q: Who bears the burden of proof for purchasing a house under someone else's name?
    A:The party who claims to buy a house under someone else's name bears the burden of proof and must demonstrate the agreement to buy under someone else's name, the actual investment, and the actual control of the use of the property. If the evidence is insufficient, the party will bear adverse consequences, and the request will be rejected.
  4. Q: How should one deal with a house registered under someone else's name after the death of their parents?
    A:If the borrow-name relationship does not exist, the registered house will be treated as the parents' inheritance and handled according to the law of inheritance or the will; the borrow-name person can only claim rights to the investment and other matters, but cannot directly obtain the ownership of the house.
  5. Q: Do gift contracts conflict with buying a house under someone else's name?
    A:There may be a conflict. If the registrant enters into a separate gift contract or a will to dispose of the house, and the borrower only claims to have "invested in the purchase", the court will judge based on the agreement, the title deed, and the transfer situation, and often determine that the borrowing in the name of others is not valid.