China Real Estate

All legal issues about China properties such as real estate projectdevelopment,land zoning, purchase and sale, leasing of both residential and commercial properties; property issues associated with inheritance, marriage, divorce and family estate planning.

China Civil Code Amends Rules Regarding Marital Properties Bought with Parents Money

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A recent case prompted us to delve into the issue of ownership of home properties bought by couples with capital contribution from their parents.

Stunning Shanghai Real Estate You Can't Even Afford to Look at
Shanghai Luxury Property

It is commonplace in China (esp. in first tiered cities like Beijing, Shanghai, Shenzhen and Guangzhou) throughout the country, young couples often buy their first home, with substantial…

Real Estate Markets in Shenzhen China

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China property markets have somehow been tamed and reined in by its government in past a couple of years.

There have been quite some significant developments in property markets in major China cities, I mean the first-tiered cities like Shanghai, Beijing, Shenzhen and Guangzhou. Let us look at a few charts for your intuitive understanding.

Shenzhen housing crackdown creates flourishing black market - Nikkei Asia

Take Shenzhen for…

Right of Residence and Cross-border Estate Planning for Properties in China

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Right of residence? Something you may have not heard of before in China. It is no wonder since this new legal concept is just recently created in China Civil Code, which has yet to take effect on January 1, 2021.

Mother's right of residence and my tax bill
Your Home Owned by Others

I. What is Right of Residence?

First, right of residence is a right in real properties, and to be more specific, a right created in…

Shenzhen Property Market Update: Serious Curbing Measures Issued

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Today, July 15, 2020, Shenzhen local municipal government stepped up new measures to curb local frenzy property market that has made many observers drop jaws.

However, in all other first-tiered cities like Beijing and Shanghai, the property markets have been pretty steady without much obvious rise or fall esp in Shanghai where I live and work, making Shenzhen…

What Can You Do about Your Tenancy-in-Common Properties in China?

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As you know from posts on this blog, we deal a lot with inheritance issues on behalf of foreign clients with respect to estate properties in China. Very often, such inheritance of properties (typically real estate properties) will end up in a co-ownership of the properties by two or more heirs or beneficiaries. Well, if the co-owners are on good terms, everything…

Bona Fide Purchaser for Value without Notice Rule under China Laws

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We are family law practitioners at large. But our work involves not only divorce and estate issues, but also a lot real estate and corporate/investment laws.

In our daily legal researches, we notice that there are still quite a lot of cases involving frauds in real estate transactions.

For example I, a family member forged your identity card and cheated the notary…

Purchase China property in the name of your Chinese girlfriend or wife?

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Very often we get inquiries from foreigners pertaining to purchase of China properties in the name of their Chinese girlfriend or wife for the reason that they are not qualified to purchase properties in China (China has placed restrictions on foreigners buying properties in China ever since 2006). But they are concerned about losing the property once their…

Chose in possession and Chose in Action under Common Laws

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This post is rather an effort of myself in learning property laws in common law countries.

As a lawyer, one of my main law practices is to help China’s high net worth individuals to work out their estate plan under which very often clients wishes to allocate their assets or properties in both China and offshore countries. It is critical for me to understand…

Oversea Chinese from Canton (Guangdong): the way back to your roots

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This is not something new, though I reckon not every oversea Chinese who are affected (in a positive sense) by the local policy really know about it.

I am talking about the policy stepped up by local Guangdong government back in 2011, entitled “Several Opinions on Earnestly Safeguarding Oversea Chinese’s the Residential Land Use Right in Rural

Do I have a claim in the property bought with the funds from my spouse’s parents?

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Again this is a post for people who are caught in a divorce proceeding in either China or a foreign country but have marital properties located in China, in particular, real estate such as apartment, house, office or industrial premises.

As a Chinese tradition, parents often buy properties for their children even when they are very young or still babies. Nowadays,…

New notary rules to affect real estate transactions in China

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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

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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

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

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Image result for corporate property owner in 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…

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