[Direct answer]Yes. Before the inheritance is divided, it is jointly owned by all the heirs, and no one of them has the right to monopolize it. The right holder may file a lawsuit for inheritance disputes with the people's court, requesting to confirm the inheritance share, divide the jointly owned property, and order the occupier to return the house and pay the usage fees during the occupation period. According to Article 235 of the Civil Code of the People's Republic of China, a right holder who has no right to occupy real estate may request the return of the original object; requesting the division of the inheritance belongs to the division of jointly owned property, which is generally not subject to the three-year statute of limitations. However, if the right of inheritance is infringed by others, the right holder shall claim within three years from the date when he/she knows or should know that his/her rights have been damaged. When suing, it is advisable to apply for property preservation at the same time to prevent the house from being sold, mortgaged or added to the name list.

1. Problem background and typical scenarios

Almost all such disputes occur after the elderly person's death: one child refuses to divide the property on the grounds that "I took care of the elderly person more" or "the house has always been my residence"; or simply changes the door locks and refuses others to enter; some rent out the house and keep the rent for themselves, and some hold onto materials such as the property ownership certificate, death certificate, and household registration booklet, refusing to cooperate with the inheritance procedures. On the surface, the dispute is about the house, but in essence, it is a dispute over the inheritance share and the evaluation of the care provided. When handling such cases in Beijing, the court usually first confirms the scope of the heirs and the estate, and then deals with the share issue.

II. Key points of contention

First, whether the exclusive right exists. A person who fulfills more maintenance obligations can only claim a larger share, but cannot thereby acquire full ownership of the house. Before the share is determined, neither party has the right to dispose of the house independently. Second, the issue of statute of limitations. Generally, requests for dividing jointly owned inheritance are not subject to the three-year statute of limitations, but claims for infringement of inheritance rights or compensation for losses are subject to the three-year statute of limitations. Third, whether the occupancy and use fees of the house can be claimed. If an occupant occupies and uses the entire house beyond his or her share and excludes other heirs, the other heirs can claim corresponding compensation. Fourth, the rules for special types of houses. Houses on rural homesteads, lease rights to public housing, and demolition resettlement housing and quotas have different ownership determinations from ordinary commercial houses and cannot be simply applied. Fifth, pensions and funeral expenses do not belong to the inheritance. These two items are usually distributed among close relatives according to the degree of cohabitation with the deceased and the degree of reliance on support and care, and are handled separately from the division of the inheritance.

III. Professional analysis by Henglue Law Firm

The outcome of such disputes is often determined by three actions. First, characterization: First, clarify the scope of heirs and the scope of the estate. The marital joint property registered under the name of the deceased's spouse must first be divided in half for the spouse, and the remaining part is the estate. Second, evidence: The party claiming a larger share must provide evidence of specific facts such as long-term cohabitation, assuming the main support obligations, and paying medical and care expenses. Scattered transfer records or retroactively written explanations are usually insufficient to support a significant bias in the share. Third, preservation: Real estate is often the only property available for enforcement. Apply for a seizure as soon as possible to prevent the other party from transferring ownership, mortgaging, or changing the status quo through long-term leasing. Henglu Lawyers have found three types of mistakes in practice that are most worth avoiding: First, only talking without taking action for a long time, which makes it increasingly difficult to recover the property after it has been disposed of; Second, turning family conflicts into emotional confrontations, leading to broken negotiations and prolonged litigation cycles; Third, ignoring the ownership rules of special forms such as residential land houses, lease rights, and resettlement quotas, and simply claiming rights according to the logic of commercial housing. It should be noted that most similar disputes are resolved through mediation after the facts and shares are clarified, and judgment is not the only solution.

IV. Practical suggestions and legal basis

According to Articles 235, 236, and 238 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021) regarding the return of original items, removal of obstacles, and compensation for damages; Articles 1127, 1130, and 1132 regarding the statutory order of inheritance, share distribution, and negotiated settlement; and Article 1153 regarding the prior division of marital joint property; as well as the provisions of the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2022) regarding the exclusive jurisdiction of the people's courts of the location of the real estate over real estate disputes, it is recommended that: First, proceed with inheritance notarization or directly file a lawsuit as soon as possible, rather than waiting for the house to be disposed of; Second, include in the litigation requests at the time of suing the confirmation of shares, division of inheritance, return of the house, and payment of occupancy and use fees; Third, apply for litigation preservation and register a seizure simultaneously; Fourth, if there is a dispute over the value of the house, apply for an appraisal or conduct a share-based auction for division; Fifth, for the party who refuses to cooperate with the delivery, apply for compulsory enforcement after the judgment takes effect. For the connection between house disposal and enforcement, reference can be made to the relevant provisions.Real estate and construction projectsPractical experience in the field.

5. Henglue Law Firm's Advice

Houses are the assets most likely to depreciate and be transferred in family disputes, and they are also the assets hardest to restore to their original state after the dispute is resolved.Inheritance of property and division of family assetsIn this case, early intervention and preservation of evidence are far more valuable than any procedural techniques. There are three points worth noting: First, after the decedent's death, the house cannot be sold privately by a single heir, and the registration authority cannot complete the transfer of ownership before the inheritance procedures are completed. However, in practice, there are still situations of forged notarizations or disposal of the property in the name of other heirs. If such situations are discovered, the heirs should promptly claim their rights and hold the responsible parties accountable. Second, the provision of support and the allocation of shares require evidence to support them. Receipts for daily care expenses, care records, and testimonies from relatives and neighbors are all worth preserving. Third, if one party refuses to fulfill their obligations after the court determines the share allocation, legal action can be taken against them.Execution programApply for a discount, auction, or forced delivery.Beijing Henglu Law FirmIt is recommended to settle the house value assessment and preservation plan once and for all before filing a lawsuit, so as to avoid making requests for modification during the litigation process and wasting time unnecessarily.

VI. Frequently Asked Questions

Q1: If I sue to request the division of the inheritance house, do I have a good chance of winning?

As long as the inheritance relationship is clear and the house belongs to the estate, the chances of winning are higher. The difficulty lies not in whether to divide the property, but in the proportion of the shares and how to value the house. Those who attempt to occupy the entire house will generally not receive support, and the fact that they fulfill their obligations of supporting their parents will usually result in a reasonable increase in their share of the property.

Q2: What evidence do I need to prepare?

The certificate of the decedent's death, the materials for cancelling the household registration, the certificate of kinship, the house ownership certificate or the purchase contract, the on-site photos and lease contracts of the house being exclusively owned and rented out, the records of alimony payments and care, and the communication records between all parties; if it involves the homestead or leasehold rights, a situation statement issued by the village collective or the property rights unit is also required.

Q3: What are the approximate fees for attorney fees and litigation costs?

The litigation fees shall be prepaid in stages according to the value of the disputed house. For cases settled through mediation or those applying the summary procedure, the fees may be reduced by half. After the plaintiff wins the case, the defendant shall bear the fees in proportion; the house appraisal fees shall be charged according to the standards of the appraisal institutions; and the attorney's fees shall be subject to the provisions of the entrustment contract, which may stipulate that the fees shall be paid in stages.

Q4: How long does the process take?

The first-instance trial usually lasts three to six months, and the time will be extended if it involves appraisal, authentication, or public service notifications. It takes about one to three months to handle the transfer of inheritance after the judgment takes effect. If the other party refuses to cooperate with the delivery, it is necessary to go through the enforcement procedure separately. Overall, it often takes about a year. Preservation measures can significantly shorten the repayment cycle.

Q5: What should I do first?

First, fix the ownership of the house and the evidence of its exclusive possession, and apply to the court for the seizure of the house involved in the case to prevent the property from being transferred; then check whether there are wills, donation and support agreements, and the debt situation of the deceased; and finally choose to negotiate or directly file a lawsuit for inheritance disputes.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm about 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. →Inheritance legal services·Beijing Henglue 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 a timely manner.