[Direct answer]After the contributor of the house purchase under another person's name dies, the ownership of the house needs to be determined first based on whether the relationship of purchasing under another person's name exists. Then, the inheritance process should be followed. According to the provisions of the Civil Code of the People's Republic of China (effective from January 1, 2021) regarding contracts, changes in property rights, and inheritance: If the relationship of purchasing under another person's name truly exists and is supported by sufficient evidence, such as a written agreement to purchase under another person's name, proof of the contribution of the purchase funds, payment of property management fees and utilities, and actual possession and use of the property, the actual ownership of the house should belong to the contributor. After his/her death, the property rights shall be treated as inheritance and inherited by the legal heirs or testamentary heirs. The heirs may request the nominal registrant to assist in the transfer of ownership. If the relationship of purchasing under another person's name cannot be proven, the house shall generally be recognized as the property of the nominal registrant according to the real estate registration. The contributor can only claim corresponding creditor's rights based on the contribution, and such creditor's rights shall be inherited by his/her heirs. In the judicial practice of Beijing courts, the determination of ownership of houses purchased under another person's name is mainly based on written agreements and evidence of contribution and possession. Therefore, after the contributor's death, the heirs should fix the evidence, clarify the ownership, and handle the inheritance and transfer procedures as soon as possible.

I. Problem Background and Typical Scenarios

It is very easy for disputes to arise within families after the death of elderly people regarding the purchase of houses under someone else's name. Typical scenarios include: parents purchasing a house under their children's names, and after the parents' death, other children claiming to divide the property as inheritance; siblings registering a house under someone else's name, and after the investor's death, the nominal owner denying the borrowing; only verbal agreements without written contracts, leading to difficulties in proving ownership; and after the investor's death, heirs disagreeing over whether the house is an inheritance or a creditor's right. In Beijing, where property values are high, cases involving borrowing under someone else's name and inheritance are relatively common, and whether the evidence for proving ownership is sufficient often determines the outcome.

II. Key points of contention

First, whether the relationship of buying a house under someone else's name exists and what evidence is needed to prove it. Second, whether the house belongs to the investor's estate or the nominal registrant's property. Third, whether the nominal registrant and their heirs have the obligation to assist in the transfer of ownership. Fourth, how to handle the investor's investment if the relationship of buying a house under someone else's name does not exist. Fifth, how to divide the rights and interests among the heirs. Only by clarifying these issues can we properly handle the ownership and inheritance matters.

III. Professional analysis by Henglue Lawyers

Based on Henglu Law Firm's practical experience in handling real estate and inheritance cases, the key points can be summarized as follows. Firstly, the evidence of ownership rights is the core: written loan agreements are the most convincing, followed by payment receipts for the purchase of the property, loan repayment records, tax and property payment records, evidence of actual residence and use, as well as witness statements from relatives and friends. Secondly, it is necessary to distinguish between property rights and creditor's rights: when the loan agreement is established, the actual ownership of the property belongs to the investor and is part of his/her estate, so the heirs can request to confirm the ownership and transfer the title. When the loan agreement is not established, the investor can only claim the right to return the investment, and the heirs can inherit this right and handle it according to the rules of creditor's rights repayment. Thirdly, it is important to assert rights and fix evidence in a timely manner: after the investor's death, the nominal registrant may claim ownership of the property or dispose of it otherwise. The heirs should promptly confirm ownership through litigation and apply for preservation measures to avoid the property being sold or mortgaged, resulting in the loss of rights. In practice, multiple heirs should also pay attention to internal division and confirmation of shares, and resolve these issues together when necessary.

IV. Practical suggestions and legal basis

Action List: 1. Collect written loan agreements, investment certificates, payment and residence evidence to establish the facts of the loan; 2. Clarify the scope of the investor's heirs and the situation of the will to confirm the rights holders; 3. Promptly initiate litigation or apply for preservation measures to prevent the nominal registrant from disposing of the property without authorization; 4. If the loan relationship is not established, return the investment according to the claim for creditor's rights; 5. Resolve any disputes over shares among heirs through negotiation or litigation. Legal basis: Provisions of the Civil Code of the People's Republic of China regarding contract effectiveness, changes in property rights, and bona fide acquisition (Articles 157, 209, and 311) and relevant provisions of the Inheritance Chapter (effective January 1, 2021). For matters involving real estate sales and construction projects, refer to the relevant provisions.Property sales and construction projectsServices related to inheritance and property division are available for consultation.Inheritance of property and division of family assetsTeam. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, when purchasing a house under someone else's name, it is essential to sign a written agreement that clearly defines the ownership, investment, and the reasons for registration. Secondly, after the investor passes away, the house rights may be inherited by the heirs as part of the estate. Thirdly, if there is insufficient evidence, the investor can only claim the investment debt, which carries significant risks. Fourthly, the nominal registrant may dispose of the property without authorization, so it is necessary to promptly confirm the ownership and apply for preservation measures. Fifthly, the heirs should clarify their respective shares as soon as possible to avoid secondary disputes. For cases involving the distribution of family assets, it may be appropriate to seek legal advice.Inheritance of property and division of family assetsFor reference, you can check the section related to debt and enforcementCreditor's rights and debts, and enforcementFor inquiries about the properties owned by the company, please refer to the relevant columnBusiness and contract disputes in enterprisesThe team can assist with any other difficult matters that may ariseSpecialised legal services.

VI. Frequently Asked Questions

Q1: After the contributor who bought the house under someone else's name passes away, who will own the house?

First, we need to determine whether the loan name relationship exists. If the evidence is sufficient, the housing rights belong to the investor, and the heirs can inherit the property and request a transfer of ownership. If the evidence is insufficient, the housing rights will be determined according to the registration, and the investor can only claim the right to payment as a creditor.

Q2: Can only an oral agreement confirm ownership rights?

The risk is relatively high. Oral agreements need to be inferred based on comprehensive evidence such as investment certificates, payment records, actual residence, and witness testimonies. If the evidence is insufficient, it may be deemed that the borrowing of the name is not valid, and the court will generally find it difficult to support the request for ownership confirmation.

Q3: What should I do if the nominal registrant refuses to cooperate with the transfer of ownership?

A lawsuit can be filed to request the confirmation of the ownership of the house and an order for the nominal registrant to assist in the transfer of ownership; to prevent the registrant from disposing of the property otherwise, an application for property preservation can be submitted simultaneously, and after winning the lawsuit, an application for enforcement to transfer the ownership can be made.

Q4: What should I do if the investment relationship based on a borrowed name is not established?

It is generally treated as a creditor's claim. The investor (or his/her heirs) may claim the return of the investment and corresponding losses, and assert claims against the nominal registrant in accordance with the creditor-debtor relationship, but cannot directly acquire ownership of the house on this basis.

Q5: How should multiple heirs divide the inheritance?

First, confirm that the housing rights belong to the estate, and then determine the share according to the will or statutory inheritance; the heirs can negotiate a discount, joint ownership, or auction division. If no agreement can be reached, they can request the court to confirm the ownership and division plan at the same time.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for real estate transactions·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.