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 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, leaving…

Devisees’ risk of losing estate property 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 China 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…

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…

A frequent question about inheriting real estate in China

When it comes to inheriting real estate in China, things often get more complicated than inheritance of personal property such as bank deposits.

For example, in the current inheritance matter I am handling on behalf of an American client, there are four heirs  that are entitled to take a share of the estate property. The parties are in dispute regarding what…

Need I pay the individual income tax in China?

An American person had an issue regarding individual income tax with his employer. He approached me for advice on that.

It is a simple matter. The guy is hired by a newly established joint venture in HK and actually he is a minority partner in the joint venture also. The JV has business operation in China. The guy was sent to China for a few meetings for which he spent…

If a foreigner gets killed or injured in the high-speed train collision in Wenzhou, China

China’s deadly Wenzhou train crash has passed for more than a year, leaving still a few dozens of people in agony awaiting for compensation from Chinese Ministry of Railway. For most of those whose lives are claimed in the incident, their relatives should have accepted the compensation of RMB 915,000. But not all of them.

I am retained recently by the …

What can be written into the pre-nuptial agreement under Chinese family laws?

Recently I came across a very interesting article posted on Ifeng.com, a very popular Chinese web portal, talking about pre-nuptial  agreements between various type of stars in the world such as UK prince Williams and Kate, Beyonce and Jay-Z, Britney Spears and Kevin.

Some of the fun points in their pre-nuptials are:

(1) In the agreement between Mike Douglas…

China’s new exit-entry law overhauled

China top legislature has passed the new law, namely, the Law of the People’s Republic of China on the Administration of Exit and Entry on June 30, 2012 that will come into force about a year later on July 1, 2013, a good gift for the communist party birthday then, I guess.

Needless to say, this law directly affects expats in China in many aspects. I would like…

Image right protection in China

More and more foreign athletes are coming to China for their new opportunities, in particular, in football sector. News has it that Kaka, the Brazilian genius footballer is likely to join China Super League team, EverGrande. A few other big names have also shown up in Chinese green fields such as Drogba, Anelka.

In every such a deal, the clubs offering hefty …

Disrespect for life in China, a display of weak human rights protection

The lady who was coerced to undergo to an abortion of her seven-month fetus has caught the attention of the whole nation in China, and probably of the whole world, an incident just following another closely related event involving the high-profile blind activist who has been fighting against local abortion practice in Shandong province, an eastern province…