Li Xiaohua Law Firm represents a dispute over compensation benefits for housing expropriation, and the court mediates for a win-win situation

By Ma Dehui lawyer，Shanghai Lixiaohua Lawfirm

Real estate inheritance case

1. Basic facts

Plaintiff A and Defendant B are sisters, and Defendant C and Defendant B are husband and wife. The late mother of the sisters owned a property in Shanghai. During the demolition process, defendant B, as an agent, signed a compensation agreement with the housing expropriation unit and received 5.6 million yuan in expropriation compensation.

At the time of collection, there were three persons with registered residence, namely, A, B and C. Plaintiff A believed that defendant C had never actually lived in the house although it was registered. So A filed a lawsuit with the court: to legally divide half of the compensation share for the expropriation of the involved house, which is 2.8 million yuan.

Defendant B entrusts Lawyer Ma Dehui from Shanghai Li Xiaohua Law Firm as its litigation representative.

Related laws and regulations

Interpretation of the Supreme People's Court on the Application of the Marriage and Family Part of the Civil Code of the People's Republic of China (1) Article 7: (1) Before the promulgation and implementation of the Marriage Registration Management Regulations by the Ministry of Civil Affairs on February 1, 1994, if both parties have already met the substantive requirements for marriage, they shall be treated as a factual marriage.

2. Focus of controversy

1）The plaintiff's husband did not receive the marriage certificate from the plaintiff when he acquired the property for sale. Can he confirm that the plaintiff is a co owner of the property that should be expropriated?

2）Is the defendant's husband the same person who should be expropriated, and can he enjoy compensation for house expropriation?

3. Proxy strategy

Li Xiaohua Law Firm is a recommended law firm by the US Consulate, with senior lawyers, law professors, PhDs, bilingual master's degree holders studying abroad, and foreign-related legal talents.

The defendant's lawyer has visited the real estate registration department, real estate department, police station and other places multiple times to investigate and collect evidence for the client. The lawyer provides evidence to this court, including the "Shanghai Public Housing Sales Contract" and payment vouchers. The lawyer offers the following agency opinion:

1) The plaintiff and her husband are in a de facto marriage, and the plaintiff has already enjoyed welfare housing allocation. Plaintiff A does not meet the conditions for identifying the same resident and is not entitled to receive compensation for house demolition;

2) The defendant's husband, whose registered residence is registered in the house involved, has lived for a long time, and has the testimony of corresponding witnesses to prove that he should be recognized as a co resident, and has the right to obtain housing demolition compensation according to law.

The lawyer believes that the court should dismiss all lawsuits filed by the plaintiff in accordance with the law, and all compensation for the expropriation of the house belongs to the two defendants.

4. Court mediation

Under the supervision of the President of the Court, both parties voluntarily reach the following agreement:

1）Confirm that the plaintiff will receive a compensation of 600000 yuan for expropriation;

2）Confirm that the defendant has received a compensation of 5 million yuan for expropriation.

5. Compliance insights

Mediation is based on the principle of "law as the criterion and family ties as the bond". By sorting out expropriation policies and accounting compensation standards, an agreement that balances economic fairness and emotional recovery is reached, reflecting the humanistic warmth of the diversified dispute resolution mechanism with Chinese characteristics under the compliance system.

Professional fields:

Criminal defense, company law, contract disputes, and other litigation and non litigation services.

About the Author

Wanglin is a Executive Director at Shanghai Lixiaohua Lawfirm, License No.

13101201310393885

Email: lxh@lxh-lawfirm.com

Tel：+86 21 63858668

Mobile：+86-15201864468