[Direct answer]First, negotiate. If negotiation fails, then litigate. Article 113 of the Civil Code of the People's Republic of China stipulates that the time, method, and share of inheritance division shall be determined by the heirs through consultation. If no agreement can be reached, the People's Mediation Committee may mediate or the case may be brought to the people's court for litigation; Article 127 clearly stipulates that spouses, children, and parents are the first-tier heirs, and their shares are generally equal. After the parents' death and before the division of the inheritance, the house is jointly owned by all the heirs, and no party has the right to exclusively and independently use it. Therefore, the following four steps can be taken: First, submit a written request for division to fix the facts of the reminder; Second, apply for people's mediation or pre-litigation mediation by the court; Third, initiate a lawsuit for inheritance disputes, requesting the confirmation of shares, compensation in the form of discounted value, or physical division; Fourth, claim the use fees or rental losses during the occupation period. To prevent the transfer of assets, a property preservation application can be filed simultaneously.

1. Problem background and typical scenarios

After the parents pass away, it is often the children who lived with or moved in with the parents first who actually control the inherited property, while other heirs have a share but find it difficult to use it. There are three typical scenarios: First, the eldest brother lives there long-term and rents out some of the property, enjoying the benefits alone; Second, the property is registered under the parents' name without inheritance procedures, and the occupant refuses to move out on the grounds that "the household registration is here"; Third, someone claims that the parents verbally promised that the property would belong to them before their death, but lacks written evidence. When the Beijing area courts handle such cases, they usually deal with the confirmation of inheritance shares, the ownership of the property, and the compensation in the form of a discounted price at the same time, so as to avoid litigation in separate cases.

II. Key points of contention

First, the legal nature of the house before the division of the inheritance is either joint ownership or partial ownership. Second, whether the party in possession can claim ownership based on long-term residence. Third, who the house belongs to and how other heirs can obtain compensation. Fourth, how to handle the income and usage fees during the occupation period. Fifth, whether the parents' oral promise can be used as a basis for dividing the house. Sixth, how to forcibly evict the occupant after the judgment is issued.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm highlights six key points. First, regarding the legal basis: After the inheritance begins and before the division of the estate, the estate is jointly owned by all heirs, and the disposition of jointly owned property generally requires the consent of all parties. If one party claims ownership on the grounds of residence, household registration, or actual possession, their claim is usually unfounded. Second, regarding the division method: If the house is not suitable for physical division, it is generally awarded to one party, who will then pay compensation to the other heirs, or the ownership is divided proportionally. In practice, the court will consider the living needs, financial contributions, and support obligations of all parties. Third, regarding the ownership of income: The income from renting the house and the benefits of occupation belong to the jointly owned property and should be settled during the division. The party in possession cannot automatically enjoy exclusive rights. Fourth, regarding additional factors: Heirs who have fulfilled their main support obligations to the decedent or lived with them may receive a larger share; conversely, those who have the ability and conditions to provide support but fail to fulfill their obligations may receive a smaller share or no share at all. Fifth, regarding oral promises: If parents only stated "the house is yours to live in" or "it will be yours after I die," and these statements do not meet the formal requirements of a will, they generally do not produce the effect of disposition and will still be handled according to the will or statutory inheritance. Sixth, regarding enforcement: If the other party still refuses to vacate the property after the judgment takes effect, you can apply for forced execution; if the court orders the payment of compensation but the other party refuses to pay, you can also apply for enforcement of their property. In similar cases in Beijing, the court usually first organizes mediation, and if an agreement can be reached, the mediation agreement will be formalized, which is more efficient.

IV. Practical suggestions and legal basis

Action suggestions: First, submit a request for division in writing and keep the evidence of delivery; Second, collect proof of kinship and property ownership materials to clarify the scope of the estate; Third, apply for mediation or directly file a lawsuit to request confirmation of the share and choose either discounted compensation or joint ownership; Fourth, claim the income during the occupation period and, if necessary, apply for an appraisal to determine the value of the house; Fifth, apply for property preservation to prevent the transfer of assets; Sixth, promptly handle the inheritance registration or apply for forced execution after the judgment. For matters involving inheritance and division of assets, you can refer to the relevant provisions.Inheritance of property and division of family assetsFor matters involving the disposition and evaluation of real estate, you may refer to the following for reference:Real estate transactions and construction projectsLegal basis: Articles 1127, 1128, and 1130 of the Civil Code of the People's Republic of China, and Article 301 (all of which came into effect on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, long-term residence does not equate to obtaining ownership. Don't be misled by the concept of "first come, first served". Secondly, you should claim both the inheritance benefits and the occupancy benefits, rather than just focusing on the house. Thirdly, verbal promises that do not comply with the requirements of the will are unlikely to be effective. Fourthly, if the other party refuses to cooperate during the occupancy period, you can apply for preservation and enforcement. Fifthly, it's better to initiate the process as soon as possible to avoid the house being disposed of or depreciating in value over time. For matters involving the division and eviction of inherited houses, you can proceed through legal channels.\nInheritance of property and division of family assetsThe service provides a comprehensive solution, which involves the integration of real estate transactions and ownership issues.Real estate transactions and construction projectsFor reference, you can check the sections related to preservation and enforcementCreditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: My brother has been living in the inherited house. Does that mean the house now belongs to him?

No. After the inheritance begins and before the estate is divided, the house is jointly owned by all the heirs, and actual residence does not result in ownership. He only possesses it because of living together or moving in first, and the other heirs still enjoy their shares. When dividing the estate, it is usually awarded to one party, who then pays a compensation fee, or it is divided into joint ownership. If he exclusively occupies and rents out the property for profit, the income should also be included in the scope of division.

Q2: Can I ask my brother to move out?

It is not possible to directly force the eviction. First, the ownership of the rights should be determined. If the heirs reach an agreement or the court rules that the house belongs to you, he can evict according to the judgment. Before the division, all parties are co-owners, and there is no basis for demolition or eviction. A more feasible approach is to initiate an inheritance lawsuit, request division and determine ownership. If the other party refuses to evict after the judgment takes effect, you can apply to the court for forced execution.

Q3: If my parents said before they died that the house would be given to my brother, does that count as a valid legal agreement?

It depends on the form. If the parents only verbally stated "the house will be yours after they die", and it does not meet the statutory requirements for a handwritten will, a will written by a proxy, a printed will, or an audio/video will, the will usually does not take effect, and the property will still be handled according to the statutory inheritance law. However, if it is a gift made during the lifetime of the parents and the property has been actually delivered or registered, the situation will be different. It is recommended that other heirs verify whether there is a written will or a transfer record.

Q4: Do I need to pay during the period of occupying the house?

This can be claimed. The house is a jointly owned property. If one party exclusively uses or rents it out for profit, the other heirs have the right to request a division of the corresponding income; when dividing the income, they can also claim the usage fees or rental losses during the occupation period. The specific amount can be negotiated or determined by the court based on the location of the house, the market rent, and the duration of the occupation. Keeping the lease contract, payment records, and the rental market situation in the same area can help provide evidence.

Q5: How long will it take and how much will it cost to litigate this case?

The duration of the process depends on the complexity of the dispute. For cases without major disagreements and those that can be mediated, the case can be concluded within a few months; for cases that require assessing the value of the property, involving appraisals, or forced evictions, the process may last more than half a year. The fees include attorney's fees, court filing fees, and possible property appraisal fees and preservation guarantee fees. The filing fees are calculated based on the value of the property and are usually paid by the losing party or shared proportionally, subject to the court's final determination.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

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

Disclaimer: This article is compiled based on the 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 a dispute arises, please consult a practicing lawyer in time.