Frequently Asked Questions

24 2026-10

Can I apply for property preservation if the inheritance has been transferred?

If the inheritance is transferred, the applicant can apply for property preservation. According to Articles 103 and 104 of the Civil Procedure Law, the court shall make a ruling on pre-litigation preservation within 48 hours and the applicant shall file a lawsuit within 30 days. The applicant must provide a guarantee and clear clues to the property involved.

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24 2026-10

How should a lawsuit for inheritance disputes be written?

The complaint for inheritance disputes should state the information of the plaintiff and the defendant, the specific litigation requests and factual grounds. The claims should clearly define the scope and share of the inheritance and cite the Inheritance Chapter of the Civil Code. It is recommended to clarify the kinship and the validity of the will before filing the lawsuit.

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24 2026-10

How do I pay taxes when selling a house that I inherited?

When selling a house inherited from a relative, if it has been owned for more than two years, it is exempt from value-added tax; if it has been owned for more than five years and is the only property owned by the seller, it is exempt from personal income tax; otherwise, it is subject to a 20% tax on the difference or a fixed-rate taxation. The original value of the house should be calculated based...

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24 2026-10

Do I need to pay stamp duty when inheriting a property?

Legal heirs inherit the house without paying stamp duty; inheritance by will is also tax-free within the legal scope; and donations to non-legal heirs are subject to a stamp duty of 3% to 5% according to the provisions of the Stamp Duty Law. According to Article 6 of the Stamp Duty Law, it is recommended to first confirm the identity and method of inheritance.

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24 2026-10

What materials need to be prepared before divorce negotiations?

Before divorce negotiations, you should prepare identity marriage certificates, property clues, children's materials, and evidence of fault; according to Articles 1076 and 1087 of the Civil Code, divorce by agreement requires consensus on child custody, property, and debts. It is recommended to fix the evidence before signing the agreement.

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24 2026-10

Will premarital assets be divided during a divorce?

In principle, premarital property is not divided and belongs to personal property; however, the down payment made before marriage, the part of the loan repaid jointly after marriage, and the appreciation of the property usually belong to joint property and should be compensated for.

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24 2026-10

How much do lawyers typically charge for custody disputes?

The attorney's fees for custody disputes are not standardized, and they are charged on a per-case or percentage-of-the subject-matter basis. For marriage and inheritance cases, contingency fees are prohibited, and the fees must be specified in the power of attorney contract.

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24 2026-10

Can assets be transferred during the divorce cooling-off period?

It is illegal to transfer property during the cooling-off period for divorce. According to Article 1092 of the Civil Code, the party may receive a smaller share or no share in the divorce settlement. If such behavior is discovered, the party should immediately fix the evidence such as bank statements and claim their rights in accordance with the law.

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24 2026-10

If you discover that the other party is transferring assets during the cooling-off period, how can you apply for asset preservation?

If you discover that the other party has transferred property during the cooling-off period, you can apply for property preservation before or during the litigation to provide a guarantee for the seizure and freezing of their property to prevent your rights and interests from being damaged, and the matter will be handled in accordance with the Civil Procedure Law.

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24 2026-10

How is the division of pre-marital property, post-marital loan repayment, and divorce handled in China?

Before marriage, if the property is jointly repaid after marriage, the house will generally belong to the party who registered it after divorce. The party who registered it will compensate the other party for the joint repayment after marriage and the corresponding appreciation of the property value. This shall be handled in accordance with Article 1087 of the Civil Code.

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