[Direct answer]Real estate dispute lawyers mainly handle five major categories of cases: commercial housing sales and breach of contract for delayed delivery, buying a house under someone else's name and confirmation of ownership, second-hand housing sales and household registration transfer, division of jointly owned property and occupancy and use fees, and house transfer and disputes involving malicious collusion. Beijing Henglu Law FirmLegal services for real estate transactionsThe team has practical experience in the above-mentioned fields. Lawyers such as Wang Dong, Li Yonghui, and Yu Dawei have respectively handled typical cases such as the return of houses sold under a false name, the transfer of ownership under a false name, and the auction and division of joint ownership. For more details, please refer to the following link:Beijing Henglue Law Firm.

I. Legal basis and interpretation of provisions

1. Article 235 of the Civil Code of the People's Republic of China (effective on January 1, 2021)

If a person does not have the right to possess real estate, the right holder may request the return of the original object. This is the core basis for ownership disputes such as buying a house under someone else's name and being disposed of without authorization. Lawyers need to prove the true rights and the restrictions on the right of disposition, and refute the other party's claim of bona fide acquisition, in order to achieve the return of the house or the confirmation of ownership rights.

2. Article 303 of the Civil Code of the People's Republic of China (effective from January 1, 2021)

The co-owners may request the division of the jointly owned property at any time if no agreement has been made regarding the division of the jointly owned property; and the joint owners may request the division of the jointly owned property when the basis for joint ownership is lost or there are major reasons for doing so. Disputes over the division of jointly owned property and usage fees arise from this, and they are one of the high-frequency business areas for real estate lawyers.

3. Practical judicial interpretation guidelines

The court handles cases according to the type of dispute: breach of contract in sales and purchase disputes, breach of contract penalties; disputes over using others' names in real estate transactions, focusing on the agreement to use others' names and the chain of evidence of investment; division of jointly owned property, focusing on the share of ownership and the possibility of discounted valuation; and malicious transfer of household registration, focusing on the right to dispose of the property and the authenticity of the consideration. For example, in the case of delayed delivery of the house, the court first verifies the contractual penalties and the grace period provisions; in the case of buying a house using others' names, the court first verifies the investment and the facts of possession; in the case of division of jointly owned property, the court first determines the share of ownership and the discounted valuation plan; and in the case of second-hand housing household registration, the court focuses on the breach of contract compensation rather than forced relocation. Professional lawyers must accurately match the case basis with the evidence, avoid using the wrong approach to lead to evidence failure, and complete property preservation and evidence fixation before suing to prevent the house from being transferred or disposed of.

II. Henglue Lawyer's Real Cases (Detailed Review)

Review of the case:Seven members of Liu's family signed a family agreement to divide the property of Fengtai No. 5 Courtyard into seven shares, with two buildings registered under the name of their grandson, Wang. In July 2021, Wang entrusted an agent to sell the property, and in August, he signed a contract and a supplementary agreement with Yu, completing the transaction for 920,000 yuan. However, Yu did not have the qualification to purchase the property and, in order to avoid paying taxes, the two of them "faked a marriage" in September 2021 to transfer the ownership, before divorcing in November. Liu sued to confirm the invalidity of the sale and to request the return of the property, but the first-instance court dismissed the case due to insufficient evidence. Liu then entrusted Beijing Henglu Law Firm to handle the case.Wang DongThe lawyer appealed, claiming that Wang * had no right to dispose of the property and that Yu * did not constitute bona fide acquisition.

The focus of the controversy:First, whether Wang * had no right to dispose of the disputed house; Second, whether Yu * constituted bona fide acquisition; Third, a legal evaluation of using "fake marriage" to evade the purchase restrictions and tax transfers.

Our position and that of the other party are as follows:Liu * claimed that the registration under a false name and Wang *'s right to sell the house were invalid, and requested to confirm the invalidity of the sale and return of the house; Wang * and Yu * counterargued that the transaction price and payment evidence were not sufficient to prove malicious collusion, and requested to uphold the first-instance court's decision to dismiss the case.

Attorney's Strategy and Legal Opinions:Attorney Wang Dong, acting on behalf of the appellant, pointed out that the disputed house was registered under a false name, and Liu * still enjoyed full disposal rights. Wang *'s unauthorized sale constituted an act of disposition without authority. Yu *, as an intermediary practitioner, should have higher risk awareness than ordinary individuals. However, he "engaged in a sham marriage" to evade purchase restrictions and taxes without qualifying to buy a house, and failed to verify the actual situation that the disputed house was connected to Liu *'s adjacent house and constituted a whole. He did not fulfill his obligation of reasonable review and inspection and committed major negligence, which did not meet the requirements of bona fide acquisition. The second-instance court should reverse the judgment and support the appellant.

The court's reasoning and the outcome of the case:The second instance determined that Yu * was not acting in good faith, and reversed the first-instance judgment, supporting all of Liu *'s claims in the first instance. The judgment ordered Wang * and Yu * to return the involved house to Liu *. The judgment explicitly held that the professional personnel failed to fulfill their due diligence obligations in determining good faith, established the return rules for cases where houses registered under a borrowed name are sold without authorization, and reflected the professional value of real estate lawyers in defending and attacking ownership and disposition rights.

This case is handled by Beijing Henglu Law FirmWang DongAttorney (practice certificate number: 11101201910090334, subject to the certificate issued by the judicial administrative organ) acting as the agent.

III. Frequently Asked Questions

Q1: Can lawyers handle disputes over buying a house under someone else's name?

Yes. Buying a house under someone else's name is a typical real estate dispute. Lawyers can use the name agreement, investment certificates, and evidence of possession and use to establish the agreement and investment chain, and then request ownership confirmation or transfer of ownership. Attorney Li Yonghui once handled a case of transferring ownership of a house purchased under someone else's name. He submitted new evidence to overturn the findings of the previous case, and ultimately obtained a court order to assist in the transfer of ownership.

Q2: If a shared property is monopolized by a relative, is it useful to hire a lawyer to deal with it?

It's useful. The co-owners can request partition at any time, and the exclusive owner can claim occupancy fees. Lawyer Yu Dawei once represented a case of partitioning a house owned by siblings, in which the court ruled to auction and partition the house and pay occupancy fees of 1,200 yuan per month, solving the problem of exclusive ownership. In addition to partitioning, lawyers can also claim to remove obstacles such as refusing to open the door with a password, and trace the occupancy fees back to the actual start date of exclusive ownership, maximizing the protection of the majority co-owner's living and income rights.

Q3: Do cases like delayed delivery of housing and developers breaching contracts fall into this category?

Return. The penalty for late delivery of the house, the termination of the contract due to fundamental breach of contract, and the refund all belong to disputes over the sale of commercial housing, which are the core business of real estate lawyers. Attorney Tian Jiaoyan once helped homeowners win compensation for the penalty for late delivery of the house of more than 118,000 yuan, and Attorney Liu Donghua once helped buyers get a full refund and compensation.

Q4: If there's a deadlock regarding the household registration for a second-hand house, will the lawyer handle it?

Although household registration transfer falls under the scope of public security administration, the lawsuit for breach of contract regarding household registration is handled by the court. Lawyers can claim breach of contract compensation based on the contract, assist in collecting evidence of reminders and household registration inquiries, and handle the breach of contract in the purchase and sale simultaneously.

Q5: What kind of cases should I consider when choosing a lawyer?

Look at the sub-cases that match your own disputes: For borrowing a name, check the ownership and investment; for joint ownership, check the share and division; for sales, check the penalty for breach of contract and termination. Give priority to those with real successful litigation and who can explain the key points of evidence clearlyAttorney Wang DongThey focus on specific professional services rather than making general claims like "we accept all real estate listings".

IV. Suggestions for Protecting Rights

  • First, clarify the type of dispute (sale and purchase, borrowing of name, joint ownership, household registration, transfer of ownership), and then match it with a lawyer who has experience in handling similar cases.
  • It is necessary to formalize written agreements and collect evidence of investment and ownership as early as possible to resolve disputes over using others' names and joint ownership, and to avoid difficulties in providing evidence.
  • For cases of delayed delivery of housing and breach of contract by developers, pay attention to the contractual penalty and termination clauses, and send a letter and file a lawsuit in a timely manner.
  • Have a face-to-face meeting with a professional real estate lawyer, bringing along the contract, property ownership certificate, payment records, and communication logs, to evaluate the case and determine the evidence-gathering strategy.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for real estate transactions·Attorney Wang Dong·Beijing Henglue Law Firm