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 …

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 …

11 reasons divorce is better than staying in a bad marriage

This post is copied from huffingtonpost.com. Good points for people in failing marriages to know and consider. However, when it comes to divorce, or anything involving deep feeling and emotion, no one is as sober as a third party bystander. But, I am not saying the bystanders know the best thing for the people caught in divorce. People are just different.

For…

A frequent inheritance-related scam many foreigners succumb to

Does it, the following cited paragraph, look familiar to you in any way?

Good Day Sir

I am an American and was contacted by Citic Bank in November of 2015 some months ago as heir to a sum of money from there bank.  They have set fees for months and I have paid all but this final fee which is in route to them by transfer, but they only give me 72 hours.  They have never

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…

Notarize your will to avoid trouble for your heirs/beneficiaries thereunder

Every year I deal with quite a few inheritance cases (litigious or non-litigious) involving foreigners inheriting estate (properties, shares and bank deposits) in China.

Very often, there is a written will produced by one heir to support his or her claim over the estate. The problem is that these wills are not properly notarized, leaving a great deal of uncertainty…

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.…

Easy married, hard divorced in China (international marriage with Chinese women)

The world is flat, as depicted by the book so entitled. Cross-border marriages mushroom everywhere in the globe, including China, esp in big metropolis cities like Beijing, Shanghai, Shenzhen and Guangzhou.

There are many reasons why a foreigner will get married to a Chinese spouse (most often Chinese wives), and sometimes, they get married quickly or “flash…

What if there are multiple heirs to inherit one piece of real estate?

Very often in an inheritance case, there are multiple heirs entitled to inherit one piece of real property. In case that the heirs are not on good terms between them, there will be problem and anxiety arising from the possible joint ownership of the same property.

So what does the law say in regard of dealing with the situation in an inheritance case? Is it possible…

Deal with the property in China after you get divorced in your home country

There are always interesting issues coming up along the way I entertain inquiries sent to me from this law blog. It is worth to write them down just for people who may be looking for similar information and help.

Today, I got an email from a client in USA regarding an inheritance of a real property in Shanghai. The client’s father had just died recently in 2013,…

Legatees’ risk of losing legacy bequeathed on them under Chinese Inheritance Law

A client called me from Australia inquiring about her situation in inheriting a house in Shanghai, which is worth writing a post discussing the problem surrounding legatees under Chinese inheritance/succession laws.

Here are the facts of her situation: her deceased grandma left a will which bequeathed a house in downtown Shanghai on her; the Will was duly…

create a condition in your favor in the tug of war for child custoday

Child custody is a very often the most focal point in the divorce proceeding where the breaking couple both want to take custody of their children.

For foreigner women married to Chinese men in China, divorcing itself is unendurable pain given that they are in a foreign country where they don’t have much family bond or friendship around them except the …

FAQs on buying property in Shanghai, China

[NOTE, this is an old article written by Jason Tian back in 2009 based on his experience in helping foreigners in Shanghai purchase their homes here. Unfortunately, this article has been plagiarized by some other Chinese lawyers in Shanghai.Here this article is updated pursuant to new development after 2009. Please also take note that I am not encouraging

fast-changing legal environment itself is a risk

I just happened to read another article posted at China Briefing website (click here for details of the post) regarding pre-nuptial agreements and inheritance issues in China.

There is nothing wrong about the contents of the article as it was written in accordance with rules and laws effective and applicable then. However, when we examine the article based…

Economist: Inheriting money from abroad is a pain

Just ran across an interesting article posted on Economist website (click here for the whole article), depicting the pains and complexity surrounding cross-border inheritance. It is true indeed, in particular if China is involved in the case of inheritance of estates in China by foreigners.

Jurisdictions

Dealing with the belongings of the dead is a grim

Can I divorce in a Chinese court?

I was approached for advice by a foreigner in regard of his contemplated divorce in China with his wife who is also a foreigner.

The facts of the case are: the couple, the husband from USA and the wife from East Asia, got married outside of China; the husband has been working in a Chinese city for more than 3 years, establishing his domicile in China under the Chinese…

Should the couple both sign the contract for sale and purchase of the property?

In China, properties, personal or real, acquired during marriage are statutorily prescribed to be community property of the couple even though only the name of one spouse is registered as owner on the relevant title deeds or ownership certificates. Being community property in the case of real property such as apartment, houses, condo, office and other commercial…

An agent needs express authorization to appoint a sub-agent in China

This is a just a reminder to foreigners who may issue a power of attorney to their Chinese agents in dealing with affairs in China.

In the course of advising a few American three individual clients on their inheritance of a Chinese real property, I realized that it is worth a brief post on the blog.

Among the three inheritors, one of them has authorized the other two…

move money and property out of China

Moving money, assets and property out of China is quite a sensitive matter in China, though such moves take place every day across the Chinese borders. It is a known secret that a bulk of the money so moved is illegal proceeds generated by corrupt officials and their cronies. While we see a great deal of illegal transfer across the border, for ordinary people, moving…

Add your name onto the title deed of the property registered in the name of your spouse

We are talking about real estate in the context of a marriage under CHINESE LAWS.

It is not a new topic at all. Ever since Chinese Supreme Court handed down its third interpretation on Chinese marriage law in last August of 2011, in which the court declared that real property that is bought after marriage with the money from the parents of one spouse and registered…