A Beijing lawyer explains how to handle the situation where an inheritance deposit cannot be withdrawn: it is possible to obtain a notarization of the right of inheritance or withdraw the funds based on a court document. For small-amount deposits, a simplified procedure can be used to withdraw the funds.
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A Beijing lawyer explains the fees involved in inheriting a house: Legal inheritance is exempt from deed tax, but there are mainly notarization fees, appraisal fees, and registration fees. If the house is resold, it may be subject to personal income tax.
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A Beijing lawyer explains the risks of heirs failing to handle inheritance matters for a long time: unclear ownership may lead to penalties, statute of limitations for litigation, and accumulation of debts. It is recommended to handle notarization or litigation for rights confirmation in a timely manner.
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A Beijing lawyer explains whether it's possible to sue if visitation rights are obstructed: It's possible to sue to ensure visitation rights. After the judgment, the party can apply for enforcement. If the other party refuses to assist, they may be fined or detained.
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A Beijing lawyer explains whether the bride price should be returned when a couple breaks up after getting engaged but not getting married: The bride price generally belongs to the woman's personal property and should be returned to her. If the bride price has not been registered, it usually needs to be returned, and the amount can be determined based on the couple's living together.
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A Beijing lawyer explains whether the "three gold gifts" given as a bride price should be returned in a divorce: If the marriage has not been registered, the couple has not lived together after registration, or the payment has caused hardship for the payer, the payer may request the return of the gifts, and the three gold gifts shall be dealt with in accordance with the rules on bride prices.
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A Beijing lawyer explains whether the money given to live streamers as tips can be recovered in a divorce: For unauthorized gifts exceeding the scope of daily family affairs agency rights, the party may claim partial return of the gifts or claim that the other party has squandered a portion of the property.
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A Beijing lawyer explains how to divide game account equipment during a divorce: virtual property has the attributes of property, and the value formed by investing in it as joint property can be divided. The account is generally assigned to the actual user and compensated with a discounted value.
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A Beijing lawyer explains how to divide the operating income of a family-run business in a divorce: the investment income from production and operation is considered joint property, which can be evaluated and appraised. If one party continues to operate the business, they may need to compensate the other party or transfer and divide the assets accordingly.
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A Beijing lawyer explains how to handle a situation where the mortgage on a house has not been paid off during a divorce: The house can be awarded to one party, who will continue to repay the mortgage and compensate the other party, or the house can be sold and divided. However, the transfer of the mortgage requires the bank's approval.
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A Beijing lawyer explains how to calculate the division of assets in divorce cases where parents help repay the mortgage: If there is no agreement on the parents' contribution after marriage, it is generally treated as joint property. However, if it is explicitly stated that the contribution is only for one party, it will be considered personal property.
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A Beijing lawyer explains whether the pre-marital house will be divided equally after adding the spouse's name to the property deed in case of divorce: Adding the spouse's name to the property deed is considered a gift and the property will become jointly owned. Generally, the property will be divided equally, but the division will be adjusted based on the contributions made by each spouse, the le...
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A Beijing lawyer explains how to divide the pre-marital house and the post-marital mortgage and appreciation portion: The house is generally owned by the party who registered it, and the joint repayment of the mortgage and the corresponding appreciation shall be compensated by the registered party. The loan is considered the registered party's personal debt.
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A Beijing lawyer explains whether a spouse can receive a smaller share of marital property in a divorce if they squandered the property: If a spouse squandered the couple's common property, they may receive a smaller share or no share at all. To prove this, they need to provide evidence such as transaction records. In severe cases, they can claim damages.
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A Beijing lawyer explains how to investigate large-scale transfers of money by a spouse before divorce: Apply to the court to retrieve transaction records and apply for property preservation. Transferring jointly owned property may result in a smaller share or no share for the other party. If such transfers are discovered after divorce, the party can file a lawsuit within three years.
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