Sage-Tips

Can Chinese inherit property?

Can foreigners inherit property in China? Foreigners can inherit domestic real estate as long as the property is the legal property of the heir. Foreigners inherit the legacy within the territory of the People’s Republic of China or inherit the legacy of Chinese citizens outside the People’s Republic of China .

Do you own your home in China?

“There is no private ownership of land in China. One can only obtain rights to use land. A land lease of up to 70 years is usually granted for residential purposes. Foreigners who have worked or studied in China for at least a year are allowed to buy a home.

Does China have forced heirship?

Since 2016, notarization of the right to inherit real estate in China is no longer required. Heirs can directly present documents to the real estate authority to prove their right to inherit.

Can US citizens inherit property in China?

The answer is YES. Here’s what to do for foreigners to inherit property in China.

Can non Chinese citizens own property in China?

A foreigner can only own one property in China, and that property must be residential. For example, in Beijing, you must pay taxes and social security for at least five years before you are permitted to buy a property.

How do you inherit property in China?

There are two major methods for foreigners to inherit the estate located in China, namely notarization and litigation. In the event that there is no dispute between successors over the estate, you may bring relevant documents for succession notarization at a Chinese notary public.

Can a foreigner inherit property in China?

Foreigners may inherit property in China. (Note: Chinese with foreign permanent residence permits may also inherit the estate located in China. In the case of intestate succession, you need to prove that you are entitled to inherit the decedent’s estate by proving that you have a kinship with the decedent.

Is China community property?

Mainland China generally has a community property regime. According to article 17 of the Marriage Law, the wages, gains from business operations, proceeds from IP rights, and inheritance or gifts received by a spouse during marriage, shall be jointly owned by the couple, unless otherwise specified.

How does inheritance work in China?

A principle of Chinese inheritance law is that the successor(s) of the first level shall inherit to the exclusion of the successor(s) second in order. Only when there is no successor at the first level, then the right of inheritance goes to the successor(s) of the second level.

What kind of property is subject to inheritance law in China?

The PRC Inheritance Law further establishes that the law of the place of domicile of the decedent shall apply in the case of movable property; in the case of immovable property, the law of the place where the property is located shall apply. We summarize what kind of property is subject to Chinese laws:

Does inherited property form part of the property regime of spouses?

It is true that a property inherited by a spouse during marriage does not form part of the property regime of the spouses.

What happens to your property when you die in China?

In addition, successors at the same level shall, in general, inherit in equal shares. Therefore, if say a foreigner living in China passes away, then property subject to Chinese law shall in principle be equally shared between this person’s surviving spouse, children and parents.

Is the property inherited by my late husband’s parents my property?

This is true whether the spouses adopt community property or conjugal partnership regime because in either case, a property acquired by gratuitous title by a spouse is excluded in their property regime (Articles 92 and 109, Family Code). Hence, the property inherited by your late husband from his parents is his separate or exclusive property.