[Direct answer]In the Beijing area, the first step of property inheritance is "first dividing the property and then inheriting it", rather than directly dividing it according to the will or statutory inheritance. According to Article 1153 of the Civil Code of the People's Republic of China (effective January 1, 2021), unless otherwise agreed upon, when dividing the inheritance, half of the jointly owned property of the couple shall first be allocated to the spouse, and the remaining part shall be the inheritance of the decedent; the name under which the house is registered does not necessarily mean that it belongs entirely to the owner. In cases such as housing reform housing converted based on working years, unit welfare housing distribution, demolition and resettlement, and buying a house under someone else's name, it is necessary to provide separate evidence to confirm the ownership. According to Article 1122, the inheritance is the legal property left by a natural person upon his death, so it is necessary to first determine the true ownership share of the decedent, and then proceed with the inheritance according to the will, bequest, or statutory inheritance in accordance with Article 1123. For more details, please refer to the relevant provisions of the Civil Code of the People's Republic of China.Legal services for inheritance and family property division.

I. Problem Background and Typical Scenarios

In property inheritance, confirming property rights is often more challenging than determining the distribution ratio. Common situations in Beijing include: the house is registered under one parent's name but was jointly financed by the couple, and after one parent passes away, the children demand that the entire property be divided as inheritance; in the case of public housing, one parent's work experience was used to calculate the purchase price, and the other parent claims that this portion belongs to joint property; the children financed the purchase of the housing units provided by their parents' work units, and the children claim that they bought the houses under someone else's name; and there are constant disputes over ownership rights for relocation housing that has not yet undergone property registration. If these situations are not first clarified regarding property rights, subsequent division will be like building a house on sand. For matters involving the ownership of housing sales and relocation benefits, you can refer to the relevant provisions.Real estate sales and construction project services.

II. Key points of dispute

There are four key points of contention. Firstly, the distinction between joint ownership and individual ownership: assets acquired during marriage are generally considered marital joint property, while pre-marital personal assets do not convert into joint ownership due to the duration of the marriage. Secondly, inconsistencies between investment and registration: those claiming to have purchased property under someone else's name must prove the existence of an agreement to purchase under another's name and actual investment, possession, and use of the property. Mere investment or eligibility for unit housing allocation cannot directly confer ownership. Thirdly, the conversion of housing reform units and work-year credits: converting the work-year credits of a deceased spouse may involve the identification of joint property, which requires consideration of the time of purchase and the circumstances of investment. Fourthly, the handling of unregistered properties: the absence of property registration does not affect their treatment as inheritance. The court may issue a judgment confirming the ownership of property rights, and the registration can be completed once the necessary conditions are met. Article 90 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China stipulates that parties have the responsibility to provide evidence to substantiate the facts on which their claims are based.

III. Professional analysis by Henglue Law Firm

[Case Review] Zhang Shufen and Wang Hongtu were a married couple. Wang Hongtu passed away in 2018, and his son, Wang Wei, died in 2023. Zhang Shufen also passed away in 2023. Wang Yuhong claimed that House No. 601 was a welfare housing unit provided by her father's workplace, which she purchased in her father's name and paid in full. She has been living in the house and sued her aunt, Wang Sisi, to assist in the transfer of ownership. However, Wang Sisi argued that the house was the inheritance of her grandmother, Zhang Shufen, who had made a disposition in her own handwriting will on May 6, 2023. Therefore, she disagreed with the transfer of ownership and entrusted Attorney Xue Suhua from Beijing Henglu Law Firm to defend against the lawsuit.

[Focus of the dispute] Firstly, whether there is a relationship of buying a house under a borrowed name between Wang Yuhong and Wang Hongtu; Secondly, the legal consequences of Wang Yuhong's notarized waiver of inheritance; Thirdly, how to handle the conflict between the will and the prior gift.

[Lawyer's Strategy and Court's Rationale] After reviewing the evidence, Attorney Xue Suhua pointed out that the house had always been lived in and renovated by the two elderly people. Wang Yuhong failed to prove the existence of a loan-name agreement or the fact that she actually paid for the purchase of the house; Wang Yuhong had previously obtained a notarized certificate confirming that she had waived her right to inherit Wang Hongtu's estate; and the certificate she issued in 2011 only stated that the house would belong to the elderly after their death, without indicating that she was the beneficiary during their lifetime. Therefore, the claim of purchasing the house under a loaned name could not be established. The court held that those claiming to have purchased the house under a loaned name should bear the burden of proof for the loan-name agreement. Wang Yuhong failed to provide evidence, the purchase contract was not signed by her, and she had already waived her right to inherit at the notary office. Accordingly, the court dismissed her lawsuit in accordance with Article 90 of the Interpretation of the Civil Procedure Law of the People's Republic of China; House No. 601 was identified as Zhang Shufen's estate, with Wang Sisi and Wang Yuhong each inheriting 50% and sharing the pension and funeral expenses equally. Both the first-instance and second-instance courts upheld this ruling. This case was handled by Beijing Henglu Law Firm.Xue SuhuaThe attorney (practice license number: 11101201211769926, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Practical suggestions: First, retrieve the real estate ownership certificate, purchase contract, payment receipts, and work-year conversion records to confirm the registration status and the source of the investment; Second, distinguish between marital joint property and the deceased's personal property, and if necessary, initiate a partition suit first; Third, for cases involving buying a house under someone else's name, collect evidence of the agreement to buy under someone else's name as early as possible, such as written agreements, chat records, and witness testimonies. It's difficult to obtain support solely based on the investment; Fourth, for houses that have not been registered, confirm the ownership of the property rights through litigation, and then register the property rights after the judgment takes effect. The legal basis is Article 1122, 1123, and 1153 of the Civil Code of the People's Republic of China (effective from January 1, 2021); Article 90 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China; and the currently effective regulations related to housing registration and real estate registration. For cases involving the recovery of funds, relevant provisions can be combined with the above-mentioned legal basis.Creditor-debtor relations and enforcement case services.

5. Henglu Law Firm's Reminder

In property inheritance, "registration equals ownership" is a common misconception. In practice, a house registered under the name of the decedent may be a marital joint property, or there may be complex ownership issues such as shared ownership or borrowed name ownership; conversely, unregistered demolition resettlement housing can also be treated as inheritance. Do not transfer ownership or dispose of the property without clarifying the ownership, otherwise you may be liable for compensation; notarizing the waiver of inheritance is a disposition of one's own rights, and it is often difficult to obtain support if one regrets it afterwards. It is recommended to complete the property verification and evidence fixation as soon as possible after the inheritance begins, first solving the issue of ownership confirmation, and then discussing the division ratio. If you need a comprehensive solution, you can contact us for assistance.Special services and other case servicesDocking.

VI. Frequently Asked Questions

Q1: In the case of property inheritance disputes over ownership rights, is there a high chance of winning a lawsuit to confirm ownership rights?

It depends on the evidence. According to Article 1153 of the Civil Code of the People's Republic of China, the couple's joint property shall first be divided into a half for each spouse, and the remaining part shall be the inheritance; if you claim that the house is joint property or there is a borrowed name relationship, you must provide evidence of investment, agreement, and possession and use. If the evidence cannot be provided, you will bear adverse consequences. If the ownership of the house is clear and the registration is complete, the court will generally determine the ownership based on the registration and investment facts. It is recommended to complete the evidence evaluation before suing, and clarify whether the request is to confirm the share or to divide the discounted price, so as to avoid increasing the litigation costs and duration due to improper requests.

Q2: What evidence do I need to prepare to confirm the ownership of the property?

The core evidence includes: the real estate ownership certificate or property ownership certificate, the original purchase contract and payment receipts, bank transfer records, proof of seniority and rank in housing reform programs, unit housing distribution documents, written agreements and correspondence between family members, household registration books and proof of kinship, as well as notarized documents renouncing inheritance rights. For those claiming to have purchased the property under someone else's name, they must also submit written or audio-recorded evidence of the agreement to purchase under someone else's name, and records of actual residence and property payment. The evidence should be able to reconstruct the three basic facts of "who provided the funds, in whose name, and who currently owns the property".

Q3: How much does it cost to initiate a lawsuit to confirm the ownership of inherited property?

The litigation fees shall be paid in accordance with the "Measures for the Payment of Litigation Fees", accumulated and paid in stages based on the value of the disputed property, and shall be borne by the losing party or shared according to the proportion of victory and defeat; the higher the subject amount, the lower the fee rate will be in each stage. The subject amount of the right-confirmation lawsuit is usually determined according to the value corresponding to the property share. There is no unified government pricing for attorney's fees. Generally, they are charged per case or as a percentage of the subject amount, and the specific charges shall be subject to the provisions of the entrustment contract. For properties with a high value, it may be appropriate to first assess whether to reduce the scope of the dispute through a partition lawsuit to lower the overall cost and time burden.

Q4: How long will it take to get the results of the property inheritance and ownership confirmation?

According to the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2022), first-instance ordinary procedures are generally concluded within six months, and simplified procedures are concluded within three months; cases involving property appraisal, handwriting identification, or announcement service will be extended accordingly. If one party appeals, the second-instance court will generally conclude the case within three months. After the judgment takes effect, the time for handling the transfer or applying for enforcement will be calculated separately. For cases with complex ownership and numerous parties, it may take more than a year from the filing of the case to the completion of the registration.

Q5: If the house hasn't been issued a property ownership certificate, can it be inherited as part of the estate?

Yes. According to Article 112 of the Civil Code of the People's Republic of China, inheritance refers to the personal legal property left by a natural person upon their death. Whether the property has been registered is not a prerequisite for determining the inheritance. For demolition resettlement housing and unregistered housing reformed by the government, as long as the source is clear and the rights and interests are definite, the court may rule that all property rights and interests of the house belong to the heirs. After the registration conditions are met, the heirs can transfer the ownership of the house based on the effective judgment. It is recommended to keep the demolition agreement, the materials corresponding to the resettlement housing number, the payment receipts, and the evidence of house delivery in advance, so as to accurately identify the subject matter of the inheritance.

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 inheritance·Attorney Xue Suhua·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.