[Direct answer]Yes. Real estate lawyers can handle cases involving property ownership confirmation and related litigation, including ownership confirmation for houses purchased under someone else's name, division of jointly owned property, correction of registration errors, validity of sales contracts and return of houses, and litigation against enforcement objections, etc. The core of ownership confirmation cases lies in identifying the true ownership status. This usually requires combining evidence such as property registration, sales or investment certificates, family agreements, payment records, and actual possession and use situations to argue that the registered owner is not the true owner, or to request the invalidation of the contract and demand the return of the house. According to the relevant provisions of the Civil Code of the People's Republic of China (effective January 1, 2021), real estate ownership shall be determined by registration, unless the parties have evidence to prove the true ownership status. In litigation, attention should also be paid to rules such as bona fide acquisition and unauthorized disposition.

I. Problem Background and Typical Scenarios

Property ownership confirmation is a common type of housing dispute, involving the question of who actually owns the house. In practice, there are disputes over the return of property when the nominal registrant sells the house after purchasing it under someone else's name, as well as issues of unclear ownership shares after family property division and the exclusive possession of jointly owned property by one party. When handling ownership confirmation cases in Beijing, the court will review the actual ownership status, focusing on verifying facts such as registration, investment, agreements, and possession and use, and apply rules such as bona fide acquisition to determine whether a third party can acquire ownership. The involvement of professional lawyers can help sort out evidence and determine the litigation path, and the completeness of the evidence often determines the outcome of the case.

II. Key points of dispute

There are four key points that need to be clarified: First, how to determine ownership when the registration does not match the actual rights; Second, the validity and evidence of internal agreements such as buying a house under someone else's name and family agreements; Third, when the nominal registrant does not have the right to dispose of the property, whether the transferee can constitute a bona fide acquisition; Fourth, how to combine the request for confirmation of ownership with the validity of the contract and the request for return of the house. Overall, cases involving the confirmation of ownership are based on the actual state of rights. Registration has a presumptive effect but can be overturned. Bona fide acquisition is an important restriction on the actual right holder. Whether the evidence is sufficient directly affects the determination of ownership and validity. Parties should provide evidence around the basis of rights and actual control.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm has handled many cases in the field of real estate ownership confirmation. Firstly, there was a dispute over a house purchase contract: Liu's family of seven signed a family agreement, dividing the property in No. 5 courtyard into seven shares, of which two buildings were registered under the name of their grandson, Wang, while the original owner, Liu, still enjoyed full disposal rights. However, Wang sold the two buildings to Yu for 920,000 yuan by falsely registering a marriage. Liu sued to confirm the invalidity of the sale and to recover the property, but the first-instance court dismissed the case due to insufficient evidence. Our lawyer, Wang Dong, represented the appellant and argued that Wang had no right to dispose of the property, and that Yu, as a real estate agent, evaded purchase restrictions and taxes by falsely registering a marriage when she herself was not eligible to purchase property, and failed to conduct reasonable due diligence on the overall situation of the property being connected to neighboring buildings, thus committing gross negligence and not constituting bona fide acquisition. The second-instance court adopted the lawyer's arguments, reversed the first-instance judgment, and supported all of Liu's claims, enabling her to recover the lost property. This case was handled by Beijing Henglue Law Firm.Wang Dong1. Lawyer (practice license number: 11101201910090334, subject to the document issued by the judicial administrative organ): Agent. 2. Case of disputes over buying a house under someone else's name: Liu Shufen obtained a resettlement house through demolition, and used her mother's name to purchase the house under the housing reform program, signing a "Agreement on the Demolition Resettlement House" to clarify the relationship of buying the house under someone else's name. After her parents passed away, the house was inherited by her younger sister due to inheritance disputes in the first-instance trial. Our lawyer Li Yonghui represented the appellant and submitted the previously unfound "Agreement on the Demolition Resettlement House". The second-instance court revoked the first-instance judgment on the inheritance of the house, and thereafter, a lawsuit was filed as a contract dispute. The court supported the plaintiff's request and ordered the defendant to assist in the transfer of ownership. 3. Case of division of jointly-owned property: Zhang Mochun and Zhang Mouqiu, siblings, each owned different shares of House No. 202 in Shijingshan District through inheritance. Zhang Mouqiu alone changed the locks and refused to cooperate in the use of the house. Our lawyer Yu Dawei, based on the claim for division of jointly-owned property, requested auction and division. The court supported the auction and division and ordered Zhang Mouqiu to pay monthly usage fees. The above cases show that the success or failure of ownership disputes depends on the determination of the legal basis and the complete presentation of key evidence.

IV. Practical suggestions and legal basis

Action suggestions: First, sort out the facts of registration, investment, agreements, and possession and use to clarify the basis of rights; Second, for cases involving buying a house under someone else's name, collect written agreements, payment and loan repayment receipts, and expense payment records; Third, if the nominal registrant disposes of the property without authorization, review whether the transferee acted in good faith and whether there was gross negligence; Fourth, if the jointly-owned house is being exclusively occupied, the owner can claim for division and usage fees. For property disputes, you can refer to the relevant legal provisions.Property transactions and construction projectsFor matters related to inheritance and division of family property, you can refer to the following for more information.\nInheritance of property and division of family assetsLegal basis: Articles 311, 303, and 304 of the Civil Code of the People's Republic of China (effective January 1, 2021) and the relevant provisions of the Book of Property. The specific application shall be subject to the currently effective laws, regulations, and judicial decisions.

5. Henglue Law Firm's Reminder

Firstly, real estate lawyers can represent clients in property rights confirmation and related litigations, with the core task being to clarify the actual state of rights. Secondly, although registration has a presumptive effect, exceptions apply if there is evidence proving the true rights status. Thirdly, when the nominal registrant lacks the right to dispose of the property, whether the transferee constitutes a bona fide purchaser is crucial. Fourthly, if a jointly-owned house is occupied exclusively, the owner can claim partition and usage fees. For real estate disputes, the parties involved can resolve the issues through legal means.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: Can real estate lawyers handle cases involving the confirmation of property ownership rights?

Yes. Real estate lawyers can handle cases such as buying a house under someone else's name, confirming ownership rights, dividing shared property, correcting registration errors, verifying the validity of sales contracts and returning the house, and filing lawsuits against enforcement objections. The core of ownership confirmation cases lies in identifying the true state of rights, which requires combining evidence such as registration, investment, agreements, and possession and use. Professional lawyers can help sort out the evidence chain and choose the appropriate litigation path.

Q2: What are the evidences for cases involving the confirmation of ownership rights?

Common evidence includes real estate ownership certificates and registration information, purchase contracts and payment receipts, agreements of using another person's name or family division, bank transaction records and loan repayment records, property and utility payment receipts, proof of house possession and rental income, as well as witness statements. The evidence should be able to corroborate each other and form a complete chain of the true state of rights.

Q3: Can I still get it back if it's registered under someone else's name?

There is evidence to prove the actual state of rights, and if the transferee does not constitute bona fide acquisition, they can claim the return of the property or the confirmation of ownership. If the nominal registrant sells the property without authorization, it is necessary to examine whether the buyer acted in good faith, whether there was gross negligence, whether the consideration was reasonable, and whether the registration has been completed. If the buyer meets the requirements of bona fide acquisition, the original right holder may not be able to recover the house and can only claim compensation.

Q4: How to determine whether a person has acquired the ownership of a property in good faith?

Generally, the transferor will be examined to see whether the transferee acted in good faith when accepting the transfer, whether they paid a reasonable consideration, and whether they have completed the registration process. If the transferee knew that there was a dispute over the ownership of the house, or if they, as professionals, failed to fulfill their obligation of reasonable review and committed major negligence, they generally do not constitute a bona fide acquisition. The existence of malicious collusion will also affect the validity of the transaction.

Q5: How long does it take to confirm ownership rights?

The trial period for cases involving rights confirmation depends on the complexity of the case, the investigation of evidence, and whether an appeal is filed. Generally, there are statutory time limits for first-instance civil cases, which may be extended if appraisal, investigation and evidence collection, or the addition of parties are involved. If the case enters the appeal or enforcement process, the overall time will be even longer. It is recommended to fix the evidence as soon as possible to reduce procedural repetition.

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 the 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, to avoid missing the statutory time limit. →Legal services for real estate transactions·Attorney Wang Dong·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. In case of disputes, please consult a practicing lawyer in time.