[Direct answer]In the Beijing area, there is no unified government pricing for attorney fees in disputes over purchasing a house under someone else's name. Law firms and clients determine the fees based on the complexity of the case, the amount of the subject matter, and the workload. Common charging methods include charging a percentage of the subject matter value, charging per case, or charging in stages. Such cases often involve multiple procedures such as property rights confirmation, transfer of ownership, and inheritance, with a large amount of evidence sorting work. The fees increase as the procedures progress. It should be noted that cases involving statutory circumstances such as inheritance are not eligible for contingency fees. When entrusting a lawyer, a written contract should be signed, specifying the charging items, stages, and refund conditions. For real estate sales and construction project services, please refer to further information for details.Legal services for real estate transactions and construction projects.

I. Problem Background and Typical Scenarios

The practice of buying a house under someone else's name often arises due to reasons such as purchase restrictions, loan qualifications, public housing quotas, or welfare housing distribution. The nominal registrants and actual investors are often relatives, friends, or colleagues. Disputes often arise when the nominal registrant refuses to cooperate with the transfer of ownership; when the nominal registrant claims the house for themselves after its value increases; when the nominal registrant divorces or passes away, and the house is divided as joint property or inherited; or when the nominal registrant incurs debts and the house is seized for enforcement. Before suing, parties are generally concerned about two issues: whether they can win the case and how much the lawyer's fees will be. The latter depends on the number of legal procedures involved, the difficulty of strengthening evidence, and the value of the house. Regarding ownership and transfer issues, the following can be considered:Real estate sales and construction project servicesSystem consultation.

II. Key points of contention

The disputes related to fees essentially revolve around where the workload comes from. Firstly, proof of consent: whether there is a written agreement for using someone else's name as the buyer, or only an oral agreement, which requires inference through investment certificates, living facts, etc. The difficulty of providing evidence directly affects the workload of the agent. Secondly, choice of procedure: confirming the validity of the contract and demanding transfer of ownership, confirming the ownership of the house, excluding inheritance division, and excluding forced execution. Different claims correspond to different procedures. Thirdly, intensity of confrontation: if the other party denies using someone else's name or submits counter-evidence, the confrontation in the courtroom will increase. Fourthly, policy factors: whether the act of using someone else's name evades policies such as purchase restrictions, which affects the case strategy and risk prediction.

III. Professional analysis by Henglue Lawyers

Attorney Li Yonghui once handled a typical family-name-borrowing real estate purchase dispute, which reflects the procedural complexity of such cases. The incident dates back to the 1996 demolition: Liu Shufen, as the registered household head, received two resettlement housing units from the demolition of public housing in Hutong, Xicheng District, Beijing, one of which was House No. 101 in Fengtai District. In March 2005, during the housing reform, Liu Shufen fully funded the purchase of the house, but still registered it under her mother Zhang Dongmei's name. The two parties signed the "Resettlement Housing Agreement" with Liu Jie and Zhang Dongmei on February 16, 2005, stating that House No. 101 was Liu Shufen's resettlement housing and Zhang Dongmei was only the registered owner. After the parents' death, Liu Shufang sued for inheritance disputes, and the first-instance court ruled that the house should be inherited by Liu Shufang on the grounds that there was no evidence to prove the agreement on name-borrowing and the funding. Liu Shufen entrusted Attorney Li Yonghui to appeal, and the Second Intermediate People's Court of Beijing revoked the first-instance court's inheritance judgment on House No. 101. Subsequently, the attorney sued for contract disputes, building a complete chain of evidence - demolition rights evidence (Demolition Resettlement Assistance Agreement, Household Registration Form), core evidence of the name-borrowing agreement (the tripartite signed "Resettlement Housing Agreement"), and funding and usage evidence (bank deposit interest statements, withdrawal records from the passbook, and the payment time and amount of the purchase price of 33,561 yuan and related expenses totaling 35,341 yuan), combined with the Third Intermediate People's Court's determination that House No. 101 should not be identified as an inheritance. Ultimately, the court ordered the defendant to assist in handling the transfer procedures. This case went through multiple procedures of inheritance litigation, second-instance litigation, and contract disputes, with a large amount of evidence materials, which is a typical scenario where attorney fees are calculated based on the stage and workload. The case was handled by Beijing Henglu Law Firm. 李永慧律师曾代理一起典型的家庭借名买房纠纷，充分体现了此类案件程序跨度之大。事情追溯至1996年拆迁：刘淑芬作为登记在册户主，因北京西城区胡同公房拆迁获得两套安置房，其中一套为丰台区101号房屋；2005年3月房改时，刘淑芬全额出资，仍以母亲张冬梅名义购买，双方并于2005年2月16日与刘杰、张冬梅签订《拆迁安置房约定》，载明101号房屋系刘淑芬拆迁安置房、张冬梅仅为登记名义人。父母去世后，妹妹刘淑芳以继承纠纷起诉，一审法院以无证据证明借名买房合意及出资为由，将房屋判归刘淑芳继承。刘淑芬委托李永慧律师提起上诉，二审提交此前未找到的《拆迁安置房约定》，北京市第三中级人民法院撤销一审关于101号房的继承判项；此后律师再以合同纠纷起诉，构建完整证据链——拆迁权益证据（《拆迁安置补助协议书》、《分户登记表》）、借名合意核心证据（三方签字的《拆迁安置房约定》）、出资与使用证据（银行存款利息明细、存折取款记录，与购房款33,561元及相关费用共计35,341元的支付时间、金额高度吻合），并结合三中院关于101号房屋不宜认定为遗产的认定，最终法院判令被告协助办理过户手续。该案历经继承一审、二审与合同纠纷诉讼多个程序，证据材料庞杂，正是律师费按阶段与工作量核算的典型场景。本案由北京恒略律师事务所代理Li YonghuiThe lawyer (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 146 of the Civil Code of the People's Republic of China (effective January 1, 2021) (Civil legal acts performed by the actor and the counterparty with a false intention are invalid), Article 509 (the principle of full performance), and relevant rules on property rights; regarding attorney's fees, the "Measures for the Administration of Attorney's Service Fees" (issued by the National Development and Reform Commission and the Ministry of Justice in 2006, effective December 1, 2006) stipulate that law firms shall sign written agency contracts with clients, clearly specify the items and standards of fees, and may not implement risk-based representation in legal situations such as marriage and inheritance. Practical suggestions: Require the law firm to provide a fee statement before entrusting them; break down the fees into stages such as first instance, second instance, and enforcement; for cases with a large amount of evidence review work, prioritize hiring by stages; and request a formal invoice after making payments, and incorporate verbal commitments into the contract.

5. Henglu Law Firm's Advice

When choosing a lawyer, you can't just focus on the quote. Here are three tips: First, be cautious of overly low quotes and guarantees of success. The outcome of cases involving buying a house under someone else's name depends on evidence and policy judgments, and any promise of guaranteed success is unethical. Second, include the stages and work content in the contract. Whether the fees are charged separately for rights confirmation, title transfer, and enforcement, or packaged for all stages, these should be clarified before entrusting the lawyer. Third, secure evidence as early as possible. The more complete the loan agreement, investment certificates, and living traces are, the more controllable the workload of the agent will be, and the more predictable the fees will be. If the house has been sealed up or is involved in inheritance and division, the time factor will directly increase the cost of protecting rights. It is recommended to entrust a lawyer as soon as possible.Beijing Henglue Law FirmProfessional lawyer assessment.

VI. Frequently Asked Questions

Q1: In a dispute over buying a house under someone else's name, can I get my house back?

For those who have a written borrow-name agreement and have actually invested and occupied the property, the likelihood of winning a lawsuit to transfer ownership or confirm property rights is higher. However, for those who only have verbal agreements or scattered evidence of investment, their claims may not be recognized due to insufficient evidence. If the borrow-name behavior is aimed at evading purchase restrictions or violating public order and good customs, the contract may be deemed invalid, and the property may not be transferred to the borrow-name person. The outcome of the case depends on the evidence and the background of the borrow-name arrangement. It is recommended to entrust a lawyer to evaluate the evidence before formulating a strategy. No lawyer can guarantee the outcome unilaterally.

Q2: What evidence do I need to prepare?

The evidence should be organized around three key points: the agreement on borrowing the name, the chat records or audio recordings that can prove the agreement on borrowing the name; the payment receipts for the purchase of the house (bank transfers, withdrawal records from passbooks, deposit and tax receipts); the evidence of actual residence and use of the house (property management fees, water, electricity and gas payment records, decoration contracts); and the evidence of the source of the house (rehousing agreements, housing reform procedures). The complete chain of evidence is the basis for winning the lawsuit.

Q3: How much are the attorney's fees typically charged for disputes over purchasing a property under someone else's name?

There is no unified standard. Lawyer's fees are negotiated between the law firm and the client, usually charged according to a percentage of the property value, or charged in stages according to the first instance, second instance, and enforcement; cases with a large amount of evidence sorting and multiple procedures across inheritance and contract disputes will result in an increase in workload and correspondingly higher fees. Cases involving statutory circumstances such as inheritance are not subject to contingency fees. Before entrusting a lawyer, a written contract should be signed to clarify the fee items, billing methods, stage divisions, and refund conditions, and to request a formal invoice to formalize the verbal commitments on paper.

Q4: How long does it usually take from hiring a lawyer to completing the transfer of ownership?

Depending on the scope of the procedure: For simple litigation involving rights confirmation or transfer of ownership, the first-instance ordinary procedure takes six months, and the simplified procedure takes three months. If the other party does not appeal, the judgment will take effect and you can apply for enforcement of the transfer of ownership after that; if the other party appeals, the second-instance procedure usually takes three months. If the house is involved in an inheritance dispute, you need to first handle the inheritance procedure (six months for the first instance and three months for the second instance), and then claim the transfer of ownership in a separate case. The entire process may take one to two years. If the house is sealed up, you also need to go through the procedures of executing objections and litigating against objections. It is recommended to start the process as soon as possible to avoid procedural overlapping and delays.

Q5: If I want to hire a lawyer, what should I do first?

Four preparation steps: First, organize all written materials — the loan agreement, payment receipts, payment records, and housing registration information; Second, clearly explain the sequence of events, describing the reasons for the loan in the name of others, the investment process, and the obstacles to the transfer of ownership; Third, verify the current status of the property, check the registry to confirm the registration status, whether there are mortgages, seizures, or disputes over co-ownership; Fourth, bring the materials for a face-to-face consultation with a lawyer to confirm the litigation strategy, the division of stages, and the fee plan before signing the power of attorney contract. The more comprehensive the materials are, the more accurate the assessment will be.

The above questions and answers are 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 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 real estate transactions·Attorney Li Yonghui·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 you encounter disputes, please consult a practicing lawyer in time.