[Direct answer]Beijing Henglu Law Firm has handled a wide range of cases in the real estate field, including common types such as inheritance disputes, joint ownership division of real estate, and determination of the validity of bequests. In inheritance disputes, the firm used handwriting identification to confirm the authenticity of handwritten wills, and combined with evidence showing that the legatee made an acceptance within 60 days, to help clients obtain their inheritance. In joint ownership division disputes, the firm relied on the provisions of the Civil Code of the People's Republic of China (effective January 1, 2021) regarding the right to request division of joint ownership, arguing that if there is no agreement to maintain joint ownership, parties can request division. The firm combined the value of the property with the ownership shares to determine ownership and the compensation amount. In disputes over the validity of bequests, the firm used civil capacity assessments to invalidate the validity of wills made by incapacitated individuals, reverting to statutory inheritance.

1. Problem background and typical scenarios

Real estate is one of the most important assets for families, and disputes related to ownership, inheritance, and division of houses are diverse. In practice, common disputes include the contest over the validity of wills and bequests, the division and valuation of jointly owned houses, the determination of ownership for houses purchased under a borrowed name, and the handling of property in cases involving divorce and inheritance. When handling real estate cases in Beijing, the court usually first clarifies the basis of rights, then determines ownership based on evidence such as registration, contracts, and appraisals, and finally finalizes the ownership, valuation, or division plan. Understanding the handling approach for different types of cases can help parties choose the right path to protect their rights, as the preparation of evidence often determines the outcome of the case.

II. Key points of contention

There are four key points that need to be clarified: First, the legal basis of the rights involved—whether they are based on inheritance, donation, sale, or joint ownership; Second, whether the will or bequest is valid and whether an appraisal is necessary; Third, whether the jointly owned property can be divided and how to determine its ownership and compensation value; Fourth, how to separate and handle assets when divorce and inheritance intersect. Overall, the core of real estate cases lies in the determination of ownership rights, with different legal bases corresponding to different evidentiary focuses and resolution approaches. The completeness of the evidence directly impacts the ownership rights and division outcomes. Both parties should provide evidence based on written documents and appraisal opinions, and may request investigative evidence collection when necessary.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm has accumulated many typical cases in the field of real estate. Firstly, there is a case of a dispute over a bequest: Zhao * and her ex-husband Xu * divorced many years ago. After Xu * passed away, he left a handwritten will bequeathing his personal property to Zhao *. Facing the claims of Xu *'s children that the will was forged and that the inheritance should be handled according to law, lawyers Xue *hua and Wang *li from our firm applied for handwriting identification, confirming that both the main body of the will and the signature were written by Xu * himself. The court also used WeChat records and the time of the lawsuit to prove that Zhao * made an acceptance statement within 60 days after learning about the bequest. In the end, the court ruled that all of Xu *'s property, including the house in Dongcheng District, bank deposits, and securities assets, should be inherited by Zhao *. This case was handled by Beijing Henglue Law Firm.Xue Suhua1. The lawyer (practice license number: 11101201211769926, subject to the document issued by the judicial administrative organ) acts as the agent. 2. In the case of the division of jointly owned property: Huang Lei and Huang Miao each hold a 50% share of the property at No. 101 in Chaoyang District after inheritance. However, Huang Miao unilaterally occupied the property and changed the locks. Attorneys Li Yonghui and Fu Xiaofei of our firm argued that fractional co-owners have the right to request division. Both parties agreed that the property is valued at 2.6 million yuan. The court ruled that the property belongs to Huang Miao, who shall pay Huang Lei a depreciation compensation of 1.3 million yuan and a usage fee of 100,000 yuan. 3. In the case of the dispute over the validity of a bequest: Before his death, Zheng * left a written bequest of one-third of the property at No. 56 in Shijingshan District to his grandson. Our firm's attorney Yu Dawei applied for a civil capacity assessment, which confirmed that Zheng * did not have full civil capacity at the time of making the will. The court ruled that the bequest was invalid, and the property was divided equally among Zhu *1 and Zhu *2 according to legal inheritance. The above cases demonstrate that the outcome of real estate disputes often depends on the determination of the legal basis of rights and the fixation of key evidence.

IV. Practical suggestions and legal basis

Action suggestions: First, clarify the legal basis and distinguish between inheritance, gift, sale, and joint ownership; Second, if there are wills or bequests involved, apply for handwriting or capacity assessment as soon as possible to fix key evidence; Third, for the division of jointly owned houses, collect evidence of property registration, inheritance judgments, and house values, and claim ownership and compensation; Fourth, for cases involving overlapping divorce and inheritance, pay attention to property separation and share calculation. For real estate disputes, you can refer to the relevant provisions of the Civil Code of the People's Republic of China.Real estate transactions and construction projectsFor cases involving the division of inheritance, you can refer to the following materials for reference.Inheritance of property and division of family assetsLegal basis: Articles 298, 303, and 304 of the Civil Code of the People's Republic of China (effective January 1, 2021) and the relevant provisions of the Inheritance Chapter. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

First, in real estate cases, we should first examine the basis of rights and the determination of ownership to determine the processing path. Second, in disputes over the validity of wills and bequests, appraisal opinions are often crucial. Third, if there is no agreement to maintain joint ownership, the parties may request a division of the property. The ownership and the compensation amount are combined with the value and the share to determine the ownership. Fourth, wills made by persons without civil capacity are invalid and the property shall be inherited according to the statutory provisions. For real estate disputes, the parties may resort to the following methods:Real estate transactions and construction projectsThe service is supported, and you can refer to it when handling difficult and complex casesSpecial servicesColumn.

VI. Frequently Asked Questions

Q1: What are some typical cases handled by Henglue Law Firm in the real estate field?

It covers types such as inheritance disputes, division of jointly owned property, and determination of the validity of bequests. For example, confirming the authenticity of a handwritten will through handwriting identification helps clients obtain the ex-husband's house, savings, and securities assets according to the bequest; in the division of jointly owned property, claiming the right to divide the property at any time helps clients obtain the house's depreciation value and usage fees; and through capacity assessment, invalid bequests are disqualified, reverting to statutory inheritance.

Q2: What are the main aspects to consider in real estate cases?

The key factors are the basis of rights and evidence. The basis of rights determines whether it is an inheritance, a gift, a sale, or a joint ownership relationship, which in turn determines the focus of evidence collection and the processing path. In terms of evidence, key items include property registration, contracts, wills, appraisal opinions, and payment receipts. The court typically first determines the ownership, then determines the attribution, the discounted price, or the division plan.

Q3: What should I do if there are disputes over the authenticity of the will?

An application for handwriting authentication can be made, and professional institutions will provide opinions on whether the body of the will and the signature are written by the testator in person. At the same time, background materials of the will, witnessing conditions, and relevant witness testimonies should be collected. The authentication conclusion usually plays an important role in determining the validity of the will, so it is recommended to start the process as soon as possible and preserve the original copy of the will.

Q4: Can I request a partition of the shared property?

Yes. If there is no agreement to maintain joint ownership, a co-owner may request a partition at any time. During the partition, the co-owner may claim that the house belongs to one party and pay a discounted price, or partition the price after appraisal; the court will determine the scheme based on the living conditions, the share of ownership, and the parties' intentions. If the other party exclusively uses the house, making it impossible for others to use it, the co-owner may also claim a usage fee.

Q5: What is the difference between a bequest and a will?

A will is a unilateral act by the testator to dispose of his or her property and take effect upon his or her death; if the donee is a person other than the statutory heir, it constitutes a bequest. The donee shall, within 60 days after knowing the bequest, make a statement of acceptance or waiver. Failure to make a statement shall be deemed a waiver. In practice, written or electronic records of the acceptance statement should be preserved.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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.