Older brother sues younger brother over house purchased under another's name, faces report of impersonating identity to attend university; lawyer analyzes dual legal risks of property dispute and academic credential fraud.
Lead
Recently, a family dispute has drawn widespread attention: a brother sued his younger brother, claiming that the house he purchased years ago was bought under the younger brother's name, and demanded confirmation that the property ownership belonged to him. However, during the litigation, the younger brother struck back by reporting to the education authorities that the older brother had fraudulently used someone else's identity to gain university admission. What was originally a simple civil dispute over property rights instantly escalated into a complex case potentially involving criminal offenses. After the incident was reported by the media, netizens engaged in heated discussion—some sympathized with the older brother whose home purchase money may have gone down the drain, while others criticized the younger brother for his extreme tactics. But from a legal perspective, this case is far from a simple family matter—how should the validity of a contract for purchasing a house under someone else's name be determined? What legal consequences does fraudulent university admission by identity theft entail? When family members take each other to court, how should evidence and litigation strategy be handled? This article, drawing on the Civil Code and relevant judicial interpretations, sorts out the key legal points for readers.
Legal Effect of Purchasing Property Under Someone Else's Name: Contracts Are Not Necessarily Invalid, but Establishing Property Rights Is Difficult
Buying a house in someone else's name refers to a situation where the actual funder purchases a property using another person's name, with the property registered under the nominal owner's name, and both parties agree on the ownership through an oral or written agreement. In judicial practice, such disputes are not uncommon, especially in regions with strict purchase restriction policies.
According to Article 143 of the Civil Code, the validity of a civil legal act requires three elements: the actor has the corresponding capacity for civil conduct, the expression of intent is genuine, and the act does not violate the mandatory provisions of laws and administrative regulations or contravene public order and good morals. The validity of a borrowed-name house purchase contract depends primarily on the reason for borrowing the name. If it is to circumvent regulatory policies such as purchase restrictions or loan restrictions, some courts hold that such conduct disrupts the order of the real estate market and may deem the contract invalid for violating public order and good morals; however, if it is for legitimate purposes such as privacy protection or debt isolation, the contract is valid.
In this case, the elder brother, claiming to have purchased the house in another's name, must provide sufficient evidence to prove the mutual agreement on using another's name for the purchase, such as a written agreement, payment vouchers, mortgage repayment records, and actual residence and use. However, even if the contract is valid, the elder brother still faces obstacles in confirming ownership—according to Article 209 of the Civil Code, the change of real estate property rights is based on registration, so the elder brother can only request the younger brother to handle the transfer registration based on the contract, rather than directly confirming ownership. If the younger brother refuses to cooperate, the elder brother must file another lawsuit to request the performance of the contractual obligation. It is noteworthy that if the agreement to purchase the house in another's name is found invalid, the elder brother can only claim the return of the purchase price and interest, and will not be able to obtain the appreciation benefits of the house, which may result in significant losses.
The Nature of Attending University Under a False Name: Administrative Violation or Criminal Offense?
A younger brother has reported his older brother for attending university under a false identity. If the allegation is confirmed, the brother faces legal risks far beyond civil litigation. The act of attending university under a false identity infringes on the victim's right to education and also undermines the seriousness of the national examination and enrollment system.
From an administrative law perspective, under the Education Law and relevant regulations, where admission qualifications are obtained through improper means such as cheating or forging documents, the education authorities may revoke the academic credentials and order the return of benefits obtained during the period of impersonation. If the brother's academic qualifications were obtained through impersonation, his degree certificate will be revoked in accordance with the law, and related personnel files and social security records may also be subject to correction.
At the criminal level, if the act of impersonation involves forging identity documents, household registration materials, or similar items, it may constitute the crime of forging, altering, or trading identity documents under Article 280 of the Criminal Law, with a maximum penalty of seven years' imprisonment. If bribery is involved, charges of bribery may also apply. Even if the impersonation occurred years ago, the statutory limitation period for criminal prosecution is generally five years; however, if the public security organ has already filed and initiated an investigation, the prosecution is not subject to the limitation period. In addition, if the impersonated individual files a lawsuit, the culprit may also face civil compensation risks, including damages for mental distress.
The Evidence Game in Family Disputes: Chat Records and Transfer Receipts Become Key
In disputes over purchasing property under someone else's name, evidence is the core factor determining the outcome. In this case, the elder brother needs to prove two key facts: the "agreement to borrow the name" and the "actual funding contribution."
In practice, courts typically examine the following evidence: first, written agreements, which are the most direct and compelling; second, capital contribution vouchers, such as bank transfer records, receipts, and loan repayment records, which must correspond to the timing and amount of the home purchase payments; third, evidence of actual residence or use, such as utility payment slips and property management fee records; fourth, records of communications between the parties, including WeChat chats, text messages, and call recordings. If the brother only has an oral agreement and cannot provide transfer vouchers, it will be difficult to obtain court support.
The younger brother reported his older brother for fraudulently using his identity to attend university. If the report is verified to be true, it constitutes an exercise of citizens' right to supervision. However, if the allegations are fabricated, it may constitute the crime of false accusation. According to Article 243 of the Criminal Law, those who fabricate facts to frame others with the intent of subjecting them to criminal prosecution shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years; if serious consequences result, the sentence shall be fixed-term imprisonment of not less than three years but not more than ten years. Therefore, the younger brother's act of reporting must also be handled with caution, as insufficient evidence may instead bring trouble upon himself.
Lawyer's advice: Before defending your rights, you must first self-examine; litigation strategy determines success or failure.
This case serves as a wake-up call to ordinary people: whether buying a home under someone else's name or reporting others, one must first assess their own legal risks.
For those purchasing a property under someone else's name, it is strongly advised to sign a written agreement that clearly specifies the property location, contribution method, ownership attribution, and transfer conditions. Keep all payment vouchers and avoid cash transactions. If circumstances permit, consider registering a mortgage to prevent the nominal owner from disposing of the property without authorization. If a dispute has already arisen, thoroughly organize the evidence before filing a lawsuit, and if necessary, apply for a lawyer's investigation order to obtain key materials such as bank transaction records and property archives.
For whistleblowers, reporting illegal or disciplinary violations is a citizen's right, but it must be based on facts and cannot be motivated by revenge or malice. If the reported content is found to be groundless, the whistleblower may instead be held accountable. --- **Note on translation choices:** - "举报者" is translated as "whistleblower," which is the standard term for someone reporting misconduct. - "违法违纪行为" is rendered as "illegal or disciplinary violations" to cover both legal breaches and violations of workplace/institutional rules. - "查无实据" is translated as "found to be groundless," meaning no evidence supports the claim. - "反被追责" is rendered as "may instead be held accountable," conveying the potential reverse liability for unfounded reports.
In this case, the elder brother sued the younger brother, and the younger brother retaliated by reporting the elder brother. Both sides have their own arguments, and family affection has completely vanished. Legally, both face uncertainty: the elder brother's contract for purchasing a house under someone else's name may be deemed invalid for violating purchase restriction policies, and if the younger brother's report leads to confirmation that the elder brother used a false identity, the elder brother could face revocation of his academic credentials or even criminal prosecution. When family disputes escalate into legal confrontation, there are often no winners.
Guangdong Zhiming Law Firm reminds: For major interest disputes involving real estate rights confirmation, education credential challenges, and other matters, it is recommended to consult a professional lawyer as soon as possible to sort out legal relationships and evaluate the validity of evidence, so as to avoid greater losses caused by impulsive rights protection. We provide litigation strategy analysis and full-process representation services to help you safeguard your legitimate rights and interests in accordance with the law.
Conclusion
A dispute over buying a house under someone else's name has brought to light an old case of attending university under a false identity, with legal risks intricately connected at every turn. This reminds us that all civil actions should adhere to legal boundaries—buying a house under another's name requires caution, and reporting others must be grounded in facts. When faced with disputes, rationally utilizing legal tools is far more effective in protecting one's rights than acting on impulse.
