[Case Summary]This case involves a dispute over the confirmation of ownership of a house. In 2007, Liu *xiang and Zhang *hua, who owned House No. 502, and their son Liu * and son-in-law Wang *, who owned House No. 1809, signed a "House Exchange Agreement" to exchange the ownership of the two houses. Liu *hong did not recognize the exchange agreement and believed that House No. 502 should be inherited as part of the estate. Liu *, Wang *, and others entrusted Beijing Henglu Law Firm to handle the case on their behalf.Li YonghuiThe lawyer acted on behalf of his client and requested the performance of the exchange agreement to complete the transfer of ownership. The court determined that the exchange agreement constituted a true expression of intent and was legally valid, and ruled that House No. 502 should be owned by Wang * and House No. 1809 by Liu *. The other party was ordered to assist in the transfer of ownership. The core dispute: the validity of the "House Exchange Agreement" and the ownership of the property. Applicable legal provisions: the provisions of the Property Law (Civil Code) regarding changes in property rights.

I. Review of the Case

Older people's property exchange disputes often lead people to search for questions such as "Is the house exchange agreement valid?", "Is the mutual exchange of parents' houses considered a gift or a sale?", and "What should I do if the heirs refuse to cooperate with the transfer of ownership?". Liu *xiang and Zhang *hua have four children, and the couple own the house No. 502 in a dormitory in Beijing. In 2003, Wang * (the husband of Liu *yu) purchased the house No. 1809 in Haidian District. On December 26, 2007, Wang * signed a "House Exchange Agreement" with Liu *xiang, Zhang *hua, and Liu * to exchange the house No. 502 for Wang * and the house No. 1809 for Liu *. However, due to the fact that the house No. 502 was still registered under Liu *xiang's name and the house No. 1809 was not registered under Wang * until 2021, Liu *hong did not recognize the exchange agreement, believing that her parents exchanged the house No. 502 and 350,000 yuan in cash for the house No. 1809 with their own funds, and demanded that the property be handled as inheritance, refusing to cooperate with the transfer of ownership. Liu * and Wang * have entrusted a lawyer to handle the case.Li YonghuiThe lawyer is defending his rights and interests.

II. The focus of the case

  • Focus 1: Is the "House Exchange Agreement" genuine and effective?Liu *hong did not agree with the judgment, but failed to submit sufficient evidence to overturn it.
  • Focus Two: Should housing be inherited as part of an estate?After the exchange of the book, has the ownership of the house been transferred?
  • Focus Three: Assisting with the obligation of property transfer.Should the other heirs assist in handling the transfer registration?

III. The professional intervention of Hengluo Law Firm

The plaintiff originally claimed that:The "House Exchange Agreement" stipulates that House No. 502 belongs to Wang * and House No. 1809 belongs to Liu *. Now that the conditions for obtaining the certificate have been met, the plaintiff requests the court to order the defendant to perform the exchange agreement and assist in handling the ownership transfer registration procedures for the two houses.

The defendant argued that:Liu *hong believes that House No. 502 should be inherited by the four children as inheritance, and the exchange agreement does not have the nature of a will. Liu * claims that there is no factual or legal basis for him to own House No. 1809; if the parents' gift to Wang * is recognized, then House No. 502 should also be regarded as inheritance.

Hengluo Lawyer's Representation Opinion:Li YonghuiAfter accepting the entrustment from Liu * and Wang *, the lawyer analyzed and judged that House No. 502 is the joint property of Liu *xiang and Zhang *hua, and House No. 1809 is the joint property of Wang * and Liu *ling. The "House Exchange Agreement" stipulates that the parties exchange the ownership of the houses, which is the true intention of the parties and does not violate the mandatory provisions of the law. Therefore, it should be valid. House No. 1809 has already obtained the property rights certificate and there are no obstacles to performance. Therefore, Liu * and others should assist Wang * in handling the transfer of ownership of House No. 502, and Wang * should assist Liu * in handling the transfer of ownership of House No. 1809.

IV. Outcome of the case

The court of first instance adopted the evidence submitted by the plaintiff.Li YonghuiAccording to the lawyer's opinion, Liu *hong failed to submit sufficient evidence to refute the authenticity of the "House Exchange Agreement", and the court accepted the agreement as evidence. The judgment is as follows: 1. The house located at No. 502 in Haidian District, Beijing City shall belong to Wang *. Liu *, Liu *ling, Liu *liang, and Liu *hong shall assist Wang * in handling the transfer registration within ten days from the date the judgment takes effect; 2. The house located at No. 1809 in Haidian District, Beijing City shall belong to Liu *. Wang * shall assist Liu * in handling the transfer registration within ten days from the date the judgment takes effect. The ownership of the parties' real estate has been determined.

5. Hengluo Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Li YonghuiAttorney (Practice Certificate No.: 11101199611955812, subject to the certificate issued by the judicial administrative organ) acting as an agent. Hengluo Law Firm reminds: For the exchange of houses between relatives, a written agreement should be signed and the property registration should be handled as soon as possible; for cases involving inheritance, the ownership should be clarified in time to avoid disputes caused by delayed registration.

VI. Common Questions and Answers about Housing Exchange and Property Disputes

  1. Q:Is the house exchange agreement valid?
    A:It's valid. The house exchange agreement between relatives, which is based on their true intention and does not violate the law, is protected by law. All parties should perform their obligations according to the agreement and handle the transfer of ownership.
  2. Q:Is swapping parents' houses considered a gift or a sale transaction?
    A:According to the agreement, if the parties agree to exchange property rights and actually fulfill the agreement, the transaction shall be handled in accordance with the exchange relationship, which is different from a unilateral gift.
  3. Q:What should I do if the heir refuses to cooperate with the transfer of ownership?
    A:You can sue for performance based on a valid agreement and order the other party to assist in handling the transfer registration. After the court makes a judgment, the transfer of ownership can be enforced by force.
  4. Q:Is there any risk if the house has not been transferred to the new owner yet?
    A:Yes. Before the registration of the transfer of ownership, the ownership has not been officially transferred, and disputes may arise due to changes in the registrant or debts. It is necessary to handle the registration as soon as possible.
  5. Q:How should we handle the situation where someone doesn't approve of the house exchange agreement?
    A:The other party's objections need to be substantiated with evidence to be overturned. If the other party fails to provide evidence, the court will accept the agreement and the party concerned may request its enforcement and transfer of ownership.