Legal Information

Firm news, insights on new laws, and frequently asked questions.

09 2026-10

When dividing inheritance, what should be paid attention to for school district houses?

For school district houses, the inheritance process first involves determining the share of ownership and then transferring the ownership, household registration, and school admission rights in a comprehensive manner; according to Article 1156 of the Civil Code, assets that are not suitable for division may be compensated in cash or held in joint ownership. Legal inheritance is exempt from deed ta...

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09 2026-10

Is it illegal for a will custodian to amend the will without authorization?

Anyone who illegally alters a will shall be deemed invalid for the altered content, and the unaltered part shall remain valid; if the alteration by an heir is serious, the heir shall lose the right of inheritance. According to Articles 1143 and 1125 of the Civil Code, the heir may apply for a handwriting identification and sue to confirm the validity of the will.

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09 2026-10

How long after the inheritance begins can it be considered as a waiver of inheritance rights if no action is taken?

Before the heir deals with the inheritance, his failure to make a statement shall be deemed as accepting the inheritance, and the waiver must be expressed in writing; if the donee does not express his intention within 60 days after knowing that he has received the gift, it shall be deemed as a waiver. According to Article 1124 of the Civil Code, if the donee regrets his waiver after the waiver, th...

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09 2026-10

Is it always the mother who gets custody of children under the age of two?

The principle is that children under the age of two should be raised directly by their mothers, but if the mother suffers from a serious illness or fails to fulfill her parental obligations, the father may seek custody; according to Article 1084 of the Civil Code, children who have reached the age of two shall be judged in accordance with the principle that is most beneficial to the minor children...

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09 2026-10

What are the conditions for granting custody to the mother in a divorce case?

The core of granting custody to the mother is "in the best interests of the minor children": children under the age of two generally stay with their mother, and for children over the age of two, the court will consider factors such as care investment and a stable environment. For children over the age of eight, the court will respect their wishes. The decision is made in accordance with Article 10...

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09 2026-10

After the divorce, if I find that my ex-husband has transferred his assets, can I still sue him?

After the divorce, if the ex-husband hides or transfers the couple's joint property, the wife can sue for a second division of the property in accordance with Article 1092 of the Civil Code. The statute of limitations for such lawsuits is three years from the date of discovery. The wife can also apply to the court to investigate the bank transactions and real estate registration records.

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09 2026-10

What should I do if we can't agree on the divorce terms?

If the divorce conditions cannot be agreed upon, the parties may first negotiate or seek pre-litigation mediation. If no agreement is reached, they shall file for divorce in accordance with Article 1079 of the Civil Code. If the mediation fails due to statutory circumstances such as separation for more than two years, the court shall grant the divorce; if the court does not grant the divorce after...

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09 2026-10

How to collect evidence favorable to oneself in a custody dispute?

When collecting evidence for custody rights, it is necessary to document the child's living arrangements with the parent, educational and medical bills, living and income conditions, and proof of the other party's failure to fulfill their obligations. For children over the age of eight, the court is more likely to support the parent who respects the child's wishes and provides a complete chain of ...

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09 2026-10

How to file a custody lawsuit?

The custody dispute should focus on providing evidence in accordance with the principle of what is in the best interests of the minor children: records of the child's living with the parent, education and medical bills, living and income conditions, and the other party's shortcomings. According to Article 1084 of the Civil Code, children under the age of two should, in principle, live with their m...

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09 2026-10

Both parties are abroad. Can they get a divorce in China?

If both parties are abroad, but one of them has a habitual residence in China, he/she may file a lawsuit for divorce in a Chinese court; foreign marriage registration authorities generally do not accept such cases, and the divorce must be resolved through litigation or mediation. According to Article 1080 of the Civil Code, the divorce will take effect upon the entry into force of the mediation ag...

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09 2026-10

What role does the child's wishes play in the custody judgment?

According to Article 1084 of the Civil Code, the true wishes of children who have reached the age of eight should be respected. However, the court still makes a comprehensive judgment based on the principle of maximizing the interests of minor children, taking into account their ability to be raised and their growth environment. Therefore, the child's wishes are not the only criterion for decision...

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09 2026-10

Can the at-fault party in a marriage receive a smaller share of the marital property?

Simply having an affair doesn't necessarily result in a lower score, but according to Article 1087 of the Civil Code, the principle of protecting the innocent party can lead to a more favorable division of assets; hiding or transferring property may result in a lower or no score according to Article 1092; and in cases of bigamy, cohabitation, or domestic violence, the injured party can claim damag...

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09 2026-10

Can a lawyer access the other party's bank transaction records?

Lawyers cannot independently inquire into the bank transaction records of the other party, but they can apply to the court for an investigation order or evidence collection; they need to provide specific clues such as the opening bank, account number, and the period involved, and submit the application before the evidentiary deadline, in accordance with Article 35 of the Lawyers Law and Article 67...

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09 2026-10

How to prevent the other party from transferring assets during the divorce process?

To prevent the transfer of property during a divorce, you should sort out clues such as deposits, real estate, and equity and keep the relevant evidence. If necessary, you can apply for property preservation and a lawyer's investigation order. According to Article 1092 of the Civil Code, the transferring party may receive a smaller share or no share during the division of property.

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