Husband bought a house in the name of his sister before his death, and the widow sued for rights protection and was supported

In 2013, Mr. Qin asked his sister, Ms. Qin, to help buy a house. The house was registered in Ms. Qin's name, but he did not tell his spouse, Ms. Chen, about the house purchase. In 2016, Mr. Qin passed away due to a heart attack. When Ms. Chen was sorting out her relics, she discovered that her deceased husband, Mr. Qin, had remitted money to his sister, Ms. Qin many times before his death. After checking the WeChat chat records in Mr. Qin's mobile phone, he found out that Mr. Qin had bought a house without telling her.

After the death of Mr. Qin, Ms. Chen and her husband’s family also had a lawsuit due to inheritance disputes. The lawsuit did not involve the house or the entrusted purchase of the house. After repeated negotiations with no results, Ms. Chen sued the court for a dispute over the entrusted contract, requesting to be terminated. The entrustment contract between the deceased husband Mr. Qin and Ms. Qin, and demanded the refund of 4.53 million yuan for the purchase of the house.

Ms. Chen said that before suing, she negotiated with Ms. Qin many times. The defendant, Ms. Qin, told herself that the reason why she never mentioned the house was because her younger brother, Mr. Qin, told her that the house was bought for For his son Qin, Mr. Qin did not want Ms. Chen to know about it. Ms. Qin planned to return the house to her nephew Qin when he became an adult.

During the court session, Ms. Qin argued that, first, the houses involved in the case were registered under the names of Ms. Qin and her spouse, and had nothing to do with Mr. Qin; The rewards of my sister's years of help. Therefore, the plaintiff's claim is not accepted.

After the trial, the court found that after the death of Mr. Qin, Ms. Chen was not the only heir, so other legal heirs were added as co-plaintiffs in the case ex officio. In this case, the focus of the dispute between the two parties is whether Mr. Qin and Ms. Qin have formed an entrusted contract relationship on house purchase matters. Based on the fact that Mr. Qin transferred money to Ms. Qin, the court comprehensively considered the WeChat chat records, SMS chat records between Mr. Qin and Ms. Qin, and the call records between Ms. Chen and Ms. Qin. Ms. bought a house in Beijing and had already paid 4.483 million yuan to Ms. Qin, and the two formed an entrusted contract relationship.

Ms. Qin argued that the transfer involved in the case was a gift from Mr. Qin, but she did not provide any evidence to support it, so her argument was not accepted. In the end, the judgment confirmed that the entrustment contract relationship between Mr. Qin and Ms. Qin was terminated, and ordered Ms. Qin to return the house purchase money to Mr. Qin's legal heirs. Later, Ms. Qin appealed against the first-instance judgment, but the second-instance court rejected the appeal and upheld the original judgment.

Zhang Xuehua, a lawyer from Beijing Kangda Law Firm, lawyer license number: 11101200510298487, obtained a lawyer's license in 2005, and is good at debt collection, real estate disputes, and corporate legal affairs