Overview of Case Law No. 67 on the Recipient of Tangible Assets in the Division of Joint Property. What is the Court's Assessment of Case Law No. 67?
Overview of Case Law No. 67 on the Recipient of Physical Property in the Division of Common Assets?
Based on Decision 364/QD-CA Year 2023 announcing case law No. 67/2023/AL on the recipient of physical property in the division of common assets, the abstract content is as follows:
Source of Case Law:
Supervisory Review Decision No. 40/2021/DS-GDT dated June 23, 2021, by the High People's Court in Hanoi regarding the civil case "Dispute over the division of common assets" between the plaintiff, Nguyen Thi D, and the defendant, Pham Ngoc H; involved parties include 06 individuals.
Content Position of the Case Law:
Paragraphs 2, 3, and 4 of the "Court's Assessments" section.
Summary of the Case Law Content:
- Case Scenario:
In a case concerning the division of common assets involving property ownership rights and land usage rights, one party is an elderly individual who has established, managed, and consistently used the property over a long term, and wishes to receive the property and compensate the other party for their share. The property cannot be physically divided.
- Legal Solution:
In such circumstances, the Court must decide to allocate the property to the elderly individual, who must then compensate the other party for their share of the asset.
Relevant Legal Provisions of the Case Law:
Article 209 and Article 219 of the Civil Code 2015.
Keywords of the Case Law:
"Elderly person"; "Division of common assets"; "Compensation for value".
Overview of Case Law No. 67 on the Recipient of Physical Property in the Division of Common Assets? Court’s Assessments on Case Law No. 67
Content of Case Law No. 67 on the Recipient of Physical Property in the Division of Common Assets
The content of Case Law No. 67/2023/AL is announced pursuant to Decision 364/QD-CA Year 2023. Specifically:
- On March 12, 2012, at Notary Office M, Mr. T and Mrs. D made a joint will stating that their grandson, Pham Ngoc H (their biological grandson), has full rights to use and transfer the aforementioned property. After Mr. T passed away, on October 26, 2019, at Notary Office Q, Mrs. D and Mr. H executed an Inheritance Division Agreement whereby Mr. H would receive the entire inheritance left by Mr. T; Mrs. D and Mr. H jointly own and use this property. They received the Certificate of Land Use Rights, Ownership of Residential Housing, and Other Assets Attached to Land for an area of 84m² — 62.7m² private use (actual measurement 66.6m²) and 21.3m² shared access (actual measurement 22.2m²) for parcel No. 57-2, map sheet No. 33, under the names of Mrs. D and Mr. H.
- According to the On-site Inspection and Appraisal Record dated May 14, 2020, parcel No. 57-2’s private use land has a width of 3.56m adjacent to the shared access; the rear width is 3.67m; the land contains a 2.5-story house and a single-story house. According to Document No. 1101/UBND-TTPTQD dated June 3, 2020, the People's Committee of Thanh Tri District confirmed that parcel No. 57-2 was expropriated by 11.2m², leaving 55.0m² of usable land.
- During the case proceedings, both Mrs. D and Mr. H wished to receive the property and compensate each other for its value. However, the property’s origin is from Mr. D and Mr. T's establishment, and they lived there since 1980. After Mr. T passed away, Mrs. D continued to manage, use, and worship Mr. T there; Mr. H joined Mrs. D in 2016 and had not contributed property on the land.
Mrs. D argued that she and Mr. H cannot continue to live together and thus requested to receive the house and compensate Mr. H. Her children, Pham Thi Lan A, Pham Thi Hai Y, Pham Thi T1, Pham Thi T2, suggested giving the house to Mrs. D for living and worship until her passing. Given Mrs. D’s old age, weak health, and limited ability to relocate, the Court’s decision to allocate the property to Mrs. D and for her to compensate Mr. H VND 1,390,198,415 is reasonable considering the asset's origin and formation. Pham Ngoc H will receive 50% of the asset's value adequate for establishing new living arrangements.
Court's Assessments on Case Law No. 67/2023/AL on the Recipient of Physical Property in the Division of Common Assets?
According to Decision 364/QD-CA Year 2023, the Court's assessments on Case Law No. 67/2023/AL regarding the recipient of physical property in the division of common assets are as follows:
- The land and house of parcel No. 57-2, map sheet No. 33, at group 1, hamlet B, commune-level town V, district X, Hanoi city originated from the couple Mr. Pham Ngoc T and Mrs. Nguyen Thi D, who received the Certificate of Land Use Rights in 2005 for 62.68m² of private use and 21.3m² of shared usage in their names.
- On March 12, 2012, at Notary Office M, Mr. T and Mrs. D made a joint will granting full use and transfer rights of the property to their grandson, Pham Ngoc H.
After Mr. T passed away, on October 26, 2019, at Notary Office Q, Mrs. D and Mr. H executed an Inheritance Division Agreement whereby Mr. H would receive the entire inheritance left by Mr. T; Mrs. D and Mr. H jointly own and use this land and house. They received the Certificate of Land Use Rights, Ownership of Residential Housing, and Other Assets Attached to Land for an area of 84m² — 62.7m² private use (actual measurement 66.6m²) and 21.3m² shared access (actual measurement 22.2m²), parcel No. 57-2, map sheet No. 33, under the names of Mrs. D and Mr. H.
- According to the On-site Inspection and Appraisal Record dated May 14, 2020, parcel No. 57-2’s private use land has a width of 3.56m adjacent to the shared access; the rear width is 3.67m; the land contains a 2.5-story house and a single-story house. According to Document No. 1101/UBND-TTPTQD dated June 3, 2020, Thanh Tri District People's Committee confirmed that parcel No. 57-2 was expropriated by 11.2m², leaving 55.0m² of usable land.
- During the case proceedings, both Mrs. D and Mr. H wished to receive the property and compensate each other for its value. However, the property’s origin is from Mrs. D and Mr. T's establishment, and they lived there since 1980. After Mr. T passed away, Mrs. D continued to manage, use, and worship Mr. T there; Mr. H joined Mrs. D in 2016 and had not contributed property on the land.
Mrs. D asserted that she and Mr. H cannot continue to live together and thus requested to receive the house and compensate Mr. H. Her children, Pham Thi Lan A, Pham Thi Hai Y, Pham Thi T1, Pham Thi T2, suggested giving the house to Mrs. D for living and worship until her passing. Given Mrs. D’s old age, weak health, and limited ability to relocate, the Court’s decision to allocate the property to Mrs. D, compensating Mr. H VND 1,390,198,415 is reasonable considering the asset's origin and formation. Pham Ngoc H will receive 50% of the asset's value adequate for establishing new living arrangements.
- Thus, there is a basis to accept part of the appeal to amend Civil Appellate Judgment No. 438/2020/DS-PT dated November 24, 2020, of the Hanoi People's Court.
LawNet