Frequently Asked Questions

24 2026-9

Can a widowed daughter-in-law inherit her mother-in-law's estate?

If a widowed daughter-in-law has fulfilled her main duty of supporting her parents-in-law, she shall be regarded as the first-order heir in accordance with Article 1129 of the Civil Code; she needs to provide evidence of long-term support and care, and the statute of limitations is 3 years. If no agreement can be reached through negotiation, she can sue to confirm her rights.

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24 2026-9

Can children with urban household registration inherit their rural parents' houses?

Children with urban household registration may inherit rural houses and register them according to Article 1127 of the Civil Code. However, the residential land cannot be inherited separately, and the houses cannot be rebuilt on the original site after they are destroyed.

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24 2026-9

What does an estate manager do?

The estate administrator is responsible for clearing, preserving, and distributing the estate in accordance with Article 1147 of the Civil Code; the estate administrator may be appointed by the executor of the will, the heirs, or the civil affairs department. If the estate administrator fails to perform his duties and causes losses, he shall be liable for compensation.

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24 2026-9

What are the duties of an executor of a will?

According to Article 1147 of the Civil Code, the estate administrator is responsible for inventorying and cataloguing the estate, reporting on the estate, preventing damage, settling debts, and dividing the estate; the executor of the will shall take precedence, and shall be liable for compensation in the event of dereliction of duty.

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24 2026-9

Can a divorce litigation attorney help collect evidence?

Lawyers can investigate and collect evidence according to Article 35 of the Lawyers Law and apply for a court investigation order; illegally obtained evidence will be excluded; Henglue Law Firm once used household registration investigation and overseas evidence collection to confirm the fact of bigamy.

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24 2026-9

What will the court decide if the defendant in a divorce case fails to appear in court?

If the defendant fails to appear in court after being summoned by a subpoena, a default judgment may be rendered in accordance with Article 147 of the Civil Procedure Law; the service by public announcement shall be deemed to have been effected 30 days after the announcement; and the breakdown of the marriage and the support of the property shall still be determined based on the evidence.

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24 2026-9

How long does it take to automatically divorce after separation?

In China, there is no automatic divorce: even after a long separation, the marriage will not be automatically dissolved. According to Article 1079 of the Civil Code, if the couple has been separated for more than two years due to marital disharmony and the mediation is unsuccessful, the court shall grant a divorce; if the court refuses to grant a divorce after the first divorce petition, and the c...

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24 2026-9

What should I do if we can't reach an agreement on the division of marital assets during the divorce negotiations?

If no agreement can be reached, the party concerned may request the court to make a judgment in accordance with the principles of considering the children's interests, the woman's interests, and the interests of the innocent party as stipulated in Article 1087 of the Civil Code; sort out the property before suing, apply for an investigation order, and apply for preservation measures when necessary...

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24 2026-9

After signing the divorce agreement, what should I do if the other party fails to fulfill their obligations?

You can sue to demand performance and claim overdue interest: The divorce agreement is binding on both parties and must be fully performed in accordance with Article 509 of the Civil Code; if the other party refuses to perform after the judgment takes effect, you can apply for enforcement, and the statute of limitations is three years.

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24 2026-9

When getting a divorce, will the party who maliciously transfers property be awarded a smaller share or no share at all?

Yes. According to Article 1092 of the Civil Code, if a person hides, transfers, sells, damages, or squanders the couple's common property or forges debts, they may be awarded a smaller share or no share in the divorce settlement. If such acts are discovered after the divorce, the other party may request a re-division of the property.

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24 2026-9

Can child custody and alimony be claimed at the same time?

Yes. Custody and alimony can be claimed together: According to Articles 1084 and 1085 of the Civil Code, children under the age of two generally stay with their mothers, and alimony is generally paid at 20% to 30% of the monthly income until they reach the age of 18.

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24 2026-9

Who gets the children's lucky money in a divorce?

The lucky money is a gift to the child, which belongs to the child's personal property and cannot be divided by the couple during the divorce. It shall be managed by the party who directly raises the child, and in accordance with Article 34 of the Civil Code, the interests of the child shall be the primary consideration.

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24 2026-9

Can a full-time housewife request compensation for housework if she gets divorced?

According to Article 1088 of the Civil Code, the party who bears more obligations in raising children and caring for the elderly can request compensation when divorcing, which is no longer subject to the separate property system. In practice, the court usually awards compensation of tens of thousands of yuan.

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24 2026-9

After the divorce judgment takes effect, what should I do if the other party refuses to cooperate with the transfer of ownership?

As soon as the divorce judgment takes effect, a change in property rights will occur. If the other party refuses to cooperate, you can apply to the court for forced execution of the transfer of ownership based on the effective judgment. The application period for enforcement is two years, so it is recommended to handle it as soon as possible.

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24 2026-9

Can I change my mind during the divorce cooling-off period?

According to Article 1077 of the Civil Code, either party may withdraw the divorce application within 30 days of the cooling-off period. If the parties fail to jointly apply for the divorce certificate within 30 days after the expiration of the cooling-off period, it shall be deemed that the application has been withdrawn. There is no cooling-off period for litigation divorce.

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