New notary rules to affect real estate transactions in China

On August 14, China Ministry of Justice issued a new notice entitled “Notice of “Five Forbiddances Concerning Notary Work”, listing five notarisations that shall be forbidden in the course of notary businesses by notary offices and notary public.

Among the five forbiddances is the forbideance of conducting notarisation on power of …

Sale of co-owned property in China

Properties, I mean real estate such as houses, apartments, condos, and offices, can be owned by more than one owner, resulting in co-ownership in a certain piece of property.

I.  Co-ownership under China Property Law

Under China Property Law, there are two types of co-ownership: tenancy in common and joint tenancy. However please be noted that the tenancy

Foreign corporate owners of China properties: how to sell property and take money out of China

There has been quite a few inquiries in the past from foreign companies that own properties in China (either residential or commercial) on how they can sell their China properties and then convert the sale proceeds into foreign hard currencies such as USD or Euros and take the same out of China.

I wrote a post regarding foreign corporate owners intending to sell…

Change title of China property based on a foreign court judgment?

A client from United States just got divorced with his American wife  through court proceeding, and in the American court judgment, a piece of real estate that was bought by the couple in Shanghai China was ordered to be owned by the husband only and the husband in turn will pay a sum of money to the wife.

Now the question is whether and how the husband can …

“Houses are for living in, not for speculating on” sounds sincere this time

This “houses are for living in, not for speculating on” has been out there since last December when China top leaders met up for an economic meeting. It has become a very popular slogan among either local governments and the media.

Since then, we have seen a steady increase of property curbing measures that are put in place by Chinese local governments…

China land ministry clarifies the mystery of how to deal with expired land use right

Finally, China Ministry of Land and Resources posted on its website yesterday a Q&A series in which the long-waited guideline on how to deal with land use rights that have expired in some cities in China.

Early this year, local government in Wenzhou, Zhejiang province was reported to be ready to collect renewal fee from people whose properties are sitting…

China to boost its property leasing market

As a way to rein in the wild-going property market in China, China State Cabinet in May of this year stepped up a new piece of notice telling its local counterparts to promote property leasing market to provide shelter for people who cannot afford to purchase properties.

I personally fully agree on the move which can be a successful way to tame the property market,…

New curbing measures send chill in Shanghai property market

Just the other day, on the night of November 28, Shanghai government has stepped up a few new measures to cool down the property market that has despised the previous two rounds of curbing measures in this year.

Basically, the new notice issued by Shanghai government says that

  1. families that purchase property in Shanghai for the first time (meaning having no other

Mortgage loans for Chinese buyers of foreign properties

You all know that the Chinese people are buying up your land, esp in the USA, Canada, Australia or Singapore, unfortunately pushing up local property price, precipitating homes out of the reach of a lot more ordinary families. But sorry, I am not here to alleviate the problem but to add fuel on the fire.

Many foreign property developers have been targeting Chinese…

Property Management Services in Shanghai

Through my real estate legal practice, I have noted that quite a number of foreign clients leave their properties either to friends or relatives for care, and even some clients just simply leave their property unattended for years after purchase.

On the other hand, we do also note that many clients entrust their properties to properties to property management…

无权处分合同效力与善意取得-以单方处分夫妻共同财产为视角

笔者近期处理的一起离婚后财产分割案件引发了对无权处分合同效力以及善意取得制度的思考。相关法律问题着实让人为难,难怪法学家将“无权处分”称为“法学上的精灵”。

案件情况如下:夫妻婚后购买一套住宅,但仅登记在妻子名下(老公是外国人,没有购买资格)。不久,双方感情破裂,经法院判决离婚。但在离婚诉讼中,因为特殊原因,双方同意夫妻财产离婚之后再行分割。但妻子为隐匿财产,离婚后立即将房产转让给其一个朋友(但无法查证),价格远低于市场价格(可能会有百分三十左右的差价),且同时把一辆高级轿车亦转让给这位朋友。房屋的转让已经完成。…

China Family Law: spouse interests in real properties and corporate equities

As a part of family law practice, divorce cases are increasing in China esp in first-tiered cities such as Shanghai, Beijing and Shenzhen.

With the number of cross-border marriages between Chinese and foreigners, it is good for the foreigner spouse to understand the legal environment in China in case of an inevitable divorce, in particular, in terms of the …

foreigners in Beijing not allowed to receive gifted real properties if not eligible for purchasing

First of all, please note that I have not been able to locate the related decree or notice issued by Beijing local government, therefore not able to verify the captioned statement.

Just recently, in advising a foreign client in inheriting estate apartment left by his late father, I came to learn from local notary office a piece of new rule that was said to take…

Sell your China property in Beijing: your marital status matters

Maybe it is really time to sell your China properties, either in Shanghai, Beijing or Shenzhen, these first-tiered cities in China.

Despite the fact that China applies its uniform sets of laws throughout the country as a centralized political system, it is not uncommon to find out that different places may have different interpretations of the same piece…

The Tenure Issue of Land Use Right in China: what if it expires?

Most of you don’t really care about this as it has nothing to do with you, unless you have a property in China. By a property, I mean mainly apartments, houses, residential or commercial.

A  piece of news from Wenzhou, a economic hub of Zhejiang province, an eastern China province, has sort waken up Chinese people who have been intentionally or inadvertently…

最高人民法院关于适用《中华人民共和国物权法》若干问题的解释(一)

 

最高人民法院关于适用《中华人民共和国物权法》若干问题的解释(一)

(2015年12月10日最高人民法院审判委员会第1670次会议通过,自2016年3月1日起施行)
为正确审理物权纠纷案件,根据《中华人民共和国物权法》的相关规定,结合民事审判实践,制定本解释。…

关于抵押房屋买卖之法律问题

当下,上海房地产市场的热度可以用“火爆”二字形容。随之而来的就是有关房地产买卖合同纠纷的案件增多。

笔者最近接连帮助两位客户处理房地产买卖纠纷中均遇到卖方违约不愿或不能配合进行产权过户交易,因为涉案房屋存在抵押权或法院查封等情形,在此情况下,买方如何选择诉讼策略,如何最大化维护自身利益,有时颇为纠结。…

Property Sale in China: Mind the Realtors Who are not just in-betweens

Like in the west, when you purchase properties in China, you would in most cases need the help of realtors or real estate brokers or agents (whatever names you call them) who match deals. However unlike in the west (I so assume), Chinese realtors may not act as true in-between but side with buyers.

According to the rules and old practice, realtors in Shanghai, Beijing…

China to allow its citizens to purchase overseas properties 中国政府即将放开公民个人境外购房的限制

As a part of the China's planned financial reforms on the so called capital account, China has not expressly allowed its citizens to purchase overseas properties, despite some attempts in the past by some local government, which were called off by the central government.

October 30, China Central Bank together with some other central ministries issued a new…

Tax issues in inheritance of estate properties in China

Many foreigners are concerned with China estate taxes when they inherit estates in China.

As a matter of Law, China has not formally enacted estate tax laws despite rumor about it for many years. I personally don’t foresee this enactment any time soon. After all, without this law, Chinese rich people are already fleeing this country for various reasons.…