Inheritance granted despite 鈥榝ake鈥 ties
Print Edition
AN out-of-town woman who married a local man so that her son could study in the city, won an inheritance case after the death of her husband.
The woman, surnamed Zhan, 40, from east China’s Jiangxi Province, married a Shanghai native, surnamed Chen, 69, in October 2013.
It was supposed to be a marriage of convenience.
The two had agreed in writing that the marriage was simply about helping Zhan’s son avail of educational opportunities in the city.
They even kept their finances separate.
“I will not intervene in your personal life. Your property has nothing to do with me. As you helped my son in his studies, I will take care of you like my father,” the agreement between them read.
Chen died a year later, and soon after Zhan started demanding a share of his property. She sued Chen’s siblings who collectively held 960,000 yuan (US$139,754) worth of property.
Chen’s siblings argued in court that it was a “fake” marriage, but Zhan claimed she only promised not to ask for anything as long as he was alive.
But the Jing’an District People’s Court ruled that they were a lawful couple and thus Zhan had a right to Chen’s property. But the court took into account the fact that Zhan did not live with Chen or looked after him when he was ill, and, therefore, ruled that she should get only 30 percent share of his property.
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