[Case Summary]This case involves a legal inheritance dispute (inheritance of property). Zhang Yong and his wife, Liu Wen, left two houses and savings located at No. 303 and No. 304 in Fengtai District. In 2021, Zhang Yu registered the houses under his own name through the housing reform program using his father's name, and then rented them out. Zhang Qiang (a foreign national) entrusted the Beijing Hengluo Law Firm to handle the case.Xiong BinrongThe lawyer sued to claim a one-third share of the inheritance. The lawyer pointed out that the house originated from the housing reform benefits of the father's unit, and the purchase price included the mother's savings and the contributions of the three children, which should be the legal inheritance of the parents' estate. The court ruled that the two houses should be owned by the three children in equal shares, and Zhang Yu should pay Zhang Qiang a discounted price of 122,000 yuan, Zhang Nan 133,000 yuan, and 26,102 yuan in refunds from the nursing home. The core dispute: the nature of the house and the share of the inheritance. Applicable legal provisions: the relevant provisions of the Inheritance Chapter of the Civil Code.

I. Review of the Case Facts

The parties often search for information such as "Is the housing reform house registered under the children's name considered an inheritance?" "Can children who live abroad inherit domestic real estate?" "Is it necessary to divide the inheritance equally according to the law?" "Is the refund from the nursing home considered an inheritance?" Zhang Yong and Liu Wen Yu had children named Zhang Qiang (a foreign national), Zhang Nan, and Zhang Yu. Zhang Yong died in 1995, and Liu Wen Yu passed away in 2021. They left behind two houses at No. 303 and No. 304 in Fengtai District, as well as savings and other assets.

In 2021, Zhang Yu, entrusted by his siblings, purchased House No. 303 at the cost price through the housing reform on behalf of his father. The purchase price was 249,615.57 yuan, of which 200,000 yuan came from his mother's savings, and the remaining three siblings each contributed an equal share. The house was registered under Zhang Yu's name for renting out, and the rent was managed by him. Due to the failure of the property distribution, Zhang Qiang filed a lawsuit against Zhang Yu in court.Xiong BinrongWith the assistance of a lawyer, the plaintiff filed a lawsuit, claiming a one-third share of the house, the rental income, and the deposits, among other things.

II. The focus of the case

  • Focus 1: Identification of the nature of the house.Is the housing reform house registered under Zhang Yu's name actually her parents' inheritance, and should it be legally inherited?
  • Focus II: Inheritance share.Should the three children be given an equal share of the inheritance? Zhang Yu argued that since she has provided more support to her parents, she should receive a larger share of the inheritance, while Zhang Qiang should receive a smaller share.
  • Focus 3: The ownership of other assets.How to divide the rental difference, the refund from the nursing home, and my mother's savings.

III. The professional intervention of Hengluo Law Firm

The plaintiff (Zhang Qiang) alleged that:He/she claims to receive one-third of the house according to the statutory inheritance, and also claims rights such as rent, deposits, and refunds from nursing homes.

The defendant (Zhang Yu) argued that:It is stated that the house is of a special nature (housing for military resettlement), the transfer of ownership is complicated, and it is opposed to joint ownership. Therefore, the house should be sold and the proceeds should be divided according to the agreement. It is claimed that the party concerned and Zhang Nan should take primary care of each other, and Zhang Qiang, who has been living abroad for a long time, should receive a smaller share or no share because he has not fulfilled his duty of support.

Legal opinion by Hengluo Law Firm:Xiong BinrongThe lawyer responded one by one: The legal characterization takes precedence. Although the house was registered under Zhang Yu's name, it originated from the housing reform benefits of her father's unit. The purchase price included her mother's savings and the joint contributions of the three children, so it should be identified as the parents' estate and subject to statutory inheritance. The obligations of support are equal. Evidence was submitted showing that Zhang Qiang returned to China to care for his mother and share the nursing home expenses in 2019-2020, proving that all three children fulfilled their duty of support and there were no legal circumstances of failing to fulfill or unequal division of support obligations. The details of the property were clarified: the rental difference of 1,156 yuan belongs to the estate, and the nursing home refunds should be equally divided among the three children, with Zhang Qiang entitled to claim his share. After deducting reasonable expenses from her mother's savings, the remaining funds should be divided equally among the three children.

IV. Outcome of the case

The court ruled that although the house in question was registered under Zhang Yu's name, it was actually purchased in Zhang Yong's name. According to the source of the funds and the payment of the purchase price, the house should be considered part of Zhang Yong's estate. In the absence of a will, the inheritance rights should be exercised by Zhang Qiang, Zhang Yu, and Zhang Nan as statutory heirs. All three children have fulfilled their duty of supporting their parents, and an equal distribution of the estate would be more in line with reality. Since no agreement was reached on the value of the house and no appraisal was conducted, the three parties should jointly inherit the house and each receive one-third of it. The court ruled that the two houses should be jointly inherited by the three parties, each receiving one-third of them; Liu Wen's savings should be inherited by Zhang Yu, who will pay Zhang Qiang a discounted price of 122,000 yuan and Zhang Nan 133,000 yuan; Zhang Yu will return to Zhang Qiang the 26,102 yuan in nursing home refunds; and all other requests were dismissed. The court's ruling in this case was based on the definition of inheritance in the Civil Code and the principle of equal distribution of statutory inheritance.

5. Hengluo Law Firm's Advice

The legal inheritance follows the principle of "equal distribution". Unless there is clear evidence proving that one party has abandoned or abused the inheritance, the share of inheritance should not be arbitrarily deprived or reduced. This case was handled by Beijing Henglu Law FirmXiong BinrongAttorney (Practice Certificate No.: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent. Attorney's Note: If the housing reform housing registered under the children's name originates from their parents' welfare or the investment includes their parents' property, it may still be considered as inheritance; children who go abroad also enjoy the right of inheritance. To claim a smaller share from the other party, sufficient evidence must be provided.

VI. Common Questions and Answers about the Inheritance of Public Housing Units

  1. Q: Is the public housing registered under the children's names considered an inheritance?
    A:If the house comes from the housing reform benefits of the parents' unit, and the purchase price includes the parents' savings or investment, even if it is registered under the children's name, it may still be considered as the parents' inheritance.
  2. Q: Can children who live abroad inherit domestic real estate?
    A:Yes. Nationality does not affect the statutory right of inheritance, and a lawyer can be entrusted to file a lawsuit in China to claim the share of inheritance.
  3. Q: Is it mandatory to divide the inheritance equally according to the law?
    A:Generally, the inheritance is divided equally, but those who fulfill their main duty of supporting the deceased or live together with them may receive a larger share, while those who abandon or abuse the deceased may receive a smaller share or none at all.
  4. Q: Is the refund from a nursing home considered part of the estate?
    A:If the refund is a repayment of the fees shared by the three children, it is not an inheritance but can be dealt with together. The actual payer may claim his or her personal share of the refund.
  5. Q: Is the difference in housing rent included in the estate?
    A:The rental difference arising from the housing lease is part of the estate and should be accounted for and divided together with other assets during the inheritance process.