China Family Laws

Sale of Co-owned Property in China

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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

When a foreign testamentary trust involves a property in China

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As I deal with quite a number of matters of inheritance by foreigners of estates in China, a few cases in which clients from Anglo-Saxon jurisdictions such as Canada and USA inherited estates left by their family members have involved trusts that are set up by the decedents, which are very interesting to me, a lawyer in China where civil trusts are rarely used in…

A trust is an independent legal entity?

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It is actually quite a predominant view that a trust is often considered to be an independent legal entity or in other words, a trust once settled, has come to have its own legal personality capable of engaging to legal activities such as owning properties or entering into contracts.

But it is not correct. Recent case rulings by American courts have confirmed …

China Divorce: divide corporate equities indirectly held by one spouse

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A client asked an interesting question regarding her attempt to divide her husband’s equity interests in a China limited liability company. Here is the story: the Chinese lady client got married with a foreigner husband ten years ago and now they are in the process of divorcing. The husband has invested indirectly through a BVI company, in a foreign-invested…

11 reasons divorce is better than staying in a bad marriage

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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.…

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

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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

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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

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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)

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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…

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

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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

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[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

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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…

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