Legal Information

23 2026-10

How is the inheritance of a house jointly repaid after marriage calculated?

The lawyer explained that in the case of joint repayment of a mortgage, the inheritance of the house should first be allocated to the spouse's share, and then distributed according to the will or statutory inheritance. The unpaid loans should be repaid within the actual value of the estate. The lawyer also cited Articles 1153 and 1161 of the Civil Code and related case studies to support his expla...

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23 2026-10

Can adoptees still inherit the estate of their biological parents?

The lawyer explained that once the adoption is established, the rights and obligations with the biological parents are terminated, and in principle, there is no legal right of inheritance; if the adoption is dissolved, the child may receive a share of the inheritance through a will or support, subject to Articles 1111, 1117, and 1131 of the Civil Code.

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23 2026-10

Do children who are adopted without going through the legal registration process have the right to inherit?

The lawyer explained the inheritance path without adoption registration: the de facto adoption formed before the amendment of the Adoption Law in 1999 can be recognized, and those who have not been recognized as adopted can receive their inheritance according to Article 1131 of the Civil Code, with the evidence list attached.

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23 2026-10

Can the contractual right to use forest land be inherited by children?

The lawyer explained that the contractual income from forest land can be inherited, and the heirs can continue to contract it during the contract period (Article 32 of the Rural Land Contract Law), but the right to operate farmland cannot be inherited.

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23 2026-10

Can the survivor's allowance be considered as part of the inheritance?

The lawyer explained that the survivor's allowance and pension are based on the status of the survivor, and do not belong to the estate. However, the funds that have been disbursed are often distributed among close relatives in accordance with the principles of estate division.

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23 2026-10

Do I have to inherit the taxes owed by the deceased before his/her death?

The lawyer explained that the heirs should pay off the deceased's tax debts within the actual value of the inherited estate, and that waiving inheritance can exempt them from liability. He also cited examples of determining the scope of the estate when handling inheritance disputes.

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23 2026-10

How to divide the credit card debt owed by one party in a divorce settlement?

The lawyer explained that credit card debts are classified as joint and individual debts according to Article 1064 of the Civil Code, and gave an example of the division of a joint debt of 35,000 yuan in a case he handled.

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23 2026-10

Can I sue for divorce during the divorce cooling-off period?

The lawyer explained that the divorce cooling-off period only applies to divorce by agreement. During the cooling-off period, one can file for divorce at any time, and the lawyer also explained the relief measures for transferring property and the standards for granting a divorce judgment.

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23 2026-10

How to prove that the marital relationship has broken down?

According to Article 1079 of the Civil Code, the party seeking a divorce must provide evidence of the five types of circumstances allowing divorce, including police reports, medical certificates, and evidence of separation. If the parties remain separated for more than a year after the court's decision not to grant the divorce, the court shall grant the divorce.

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23 2026-10

What is the success rate of Henglue Law Firm in custody cases?

According to the law, lawyers are not allowed to promise a high success rate. In custody cases, the court rules according to the principle that is most beneficial to the minor children. The outcome depends on the facts and evidence related to custody. This article uses three actual cases to illustrate the logic of the court's rulings.

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23 2026-10

Is the annuity insurance purchased during the marriage considered a joint asset?

For annuity insurance policies paid with joint marital assets, the cash value of the policy is generally considered marital joint property. The parties may negotiate that one party holds the policy and compensates the other party with half of the cash value, or withdraw the policy and divide the proceeds among them.

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23 2026-10

Can the divorce property division agreement be revoked?

If a party retracts their agreement on the division of property after a divorce by agreement, the court shall accept the case, but the request will be rejected if the party fails to prove that there were circumstances such as fraud or coercion when the agreement was concluded. If it is found that the party concealed their assets, the other party may request a redivision of the property.

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23 2026-10

If one party lives abroad and refuses to return to China, how can they get a divorce in their home country?

If one party does not return to China from abroad, they may file a lawsuit for divorce with the court at the defendant's domicile or habitual residence. After the announcement of the court summons, the court may proceed with the trial in the absence of the defendant. If the mediation fails due to the breakdown of the marriage, the court will grant the divorce.

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23 2026-10

How can a man secure custody of his child?

The lawyer explained the three winning strategies and defensive points for the man to secure custody rights, and cited the firm's successful cases, such as winning custody rights in the second instance and ensuring that the innocent party obtains custody rights.

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23 2026-10

What evidence do I need to collect before getting a divorce?

The lawyer explained the list of evidence before divorce: four main lines including emotional breakdown, fault, property, and child custody, the boundaries of the legality of evidence collection and the timing of preservation, and cited cases handled by the law firm.

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