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在线翻译:
szdaily -> Shenzhen -> 
Widow granted 70% property ownership
    2018-05-23  08:53    Shenzhen Daily

A MAN surnamed Jiang passed away suddenly and left his apartment to his family. However, as the exact time when he had taken possession of the apartment was unclear, the ownership of the property remained in dispute among family members, who eventually decided to take the matter to court, the Shenzhen Evening News reported yesterday.

The plaintiff was Jiang’s daughter from his first marriage. She claimed that in accordance with the law she should have been granted full inheritance of the property after her father’s sudden death in 2013. However, the apartment was occupied by Jiang’s widow surnamed Yang and their son, so she filed the lawsuit.

Jiang and his ex-wife surnamed Yu divorced in 2001. The two sides agreed that Jiang’s properties in Jilin Province would belong to Yu but, after the case was brought to court, she believed that Jiang had deliberately concealed the property so that it wouldn’t be divided. Therefore, she asked the court for half of the property.

The defendants, Yang and her son, argued that they should have about 83.33 percent of the property, as the apartment was obtained by Jiang at the end of 2001 while he and Yang were married. In addition, because Yang and Jiang had lived together for many years, she should have a larger share according to the succession law.

As the case was a dispute of legal succession, the focus lay in whether the property was the communal property of Jiang and Yang or of Jiang and Yu.

During a court hearing, it was confirmed that the apartment was indeed obtained by Jiang after his divorce, so Yu didn’t have the right of inheritance.

As Jiang’s parents had passed away, the legal inheritors of Jiang’s properties were Yang and Jiang’s son and daughter. For the apartment involved in the dispute, Yang was entitled to 50 percent ownership, while Jiang’s son and daughter would share the remaining 50 percent.

According to Yantian District People’s Court, as Yang had lived with and cared for Jiang for many years, she should enjoy a larger proportion. Therefore, Yang was eventually granted 70 percent of the property ownership, while Jiang’s son and daughter were each granted 15 percent.

(Zhang Yu)

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