In a notable legal case in Shanghai, a 25-year-old woman’s lawsuit against her parents was dismissed by the Shanghai Baoshan People’s Court. The young woman, surnamed Tian, had sought to force the sale of her grandmother’s apartment, which was co-owned by her parents, to finance her dream of studying abroad. The case highlights the complexities of family property disputes and the cultural emphasis on filial piety in China.
Tian’s grandmother had received the apartment from the government a decade ago when her previous home was demolished. Tian’s parents registered the property under their names and that of their daughter. They had agreed to sell the apartment after the grandmother’s passing and split the proceeds among themselves. However, Tian wanted to expedite the sale to cover the costs of studying overseas, demanding her share of the apartment’s value immediately.
The situation was complicated by the fact that selling the apartment would leave the grandmother without a place to live. Tian’s parents opposed the sale for this reason. They also noted that they had previously covered their daughter’s expenses and debts totaling around 500,000 yuan (US$70,000). They had even assisted her in finding opportunities to study abroad, which Tian declined because the schools did not meet her expectations.
The Shanghai Baoshan People’s Court ruled against Tian, citing that the family unit was still intact, and therefore, there was no legal basis to compel the parents to sell the property or divide it. The Shanghai Higher People’s Court further emphasized the importance of filial piety, a core value in Chinese culture, implying that Tian’s actions contradicted this traditional virtue.
The case has sparked significant online debate, with many criticizing Tian’s actions as selfish and suggesting that she should achieve her dreams independently rather than relying on selling family property.
This lawsuit comes against the backdrop of fluctuating numbers of Chinese students studying abroad. The Chinese Ministry of Education reported a drop in outbound students to 450,900 in 2020 from a peak of 703,500 in 2019, with a recovery to 662,100 in 2022 as the world adapted to the Covid-19 pandemic. English-speaking countries like the United States, Britain, Canada, and Australia remain the preferred destinations for these students.
Family disputes over real estate are not uncommon in Chinese courts. In a similar case in 2019, a Shanghai court ordered a daughter to return a residential flat to her elderly father after she sold it to finance her mother’s medical treatment, despite the father still residing there. These cases underline the legal and ethical complexities surrounding property ownership and family responsibilities in China.
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