Legal Net Exclusive Interview (Part Three) | Focusing on the Difficulties of Inheritance of Foreigners' Small Property Rights Houses in the Bay Area of Hong Kong | Guangdong Avenue, Tang Yunhong

Expert in marriage and family disputes (mediation/trial)

Ten years of focus on high-value property marriage and family legal services

Guangdong Daohua Law Firm, Daohua Family Law Firm, Tang Yunhong Lawyer, Top Ten Divorce Lawyers in Shenzhen, Top Ten Inheritance Lawyers, Professional divorce and inheritance litigation lawyers in the Guangdong-Hong Kong-Macau Greater Bay Area, renowned high-value property family lawyers, a large number of successful cases, especially good at handling: difficult property division/court litigation, listed company equity/fund/share division, real estate, Shenzhen small property rights house/farmer's house, land, factory, virtual currency assets, Hong Kong divorce property division, marital/divorce property agreement, tax planning, debt isolation, divorce property transfer, overseas nationality inheritance, will notarization, will/inheritance dispute litigation, will drafting and validity determination, old city renovation and demolition, civil and criminal cross-border, cross-border collaboration, etc. Service areas: Guangdong Shenzhen Futian Hong Kong Macau Overseas Guangzhou Zhongshan Zhuhai Foshan Huizhou Dongguan

One, Tang Yunhong invited to participate in the interview of the Legal Network

Recently, the director lawyer of Guangdong Daohua Law Firm, Tang Yunhong, was invited to participate in a special interview by the Legal Network. As the central focus news website of the Legal Daily, which is sponsored by the Central Political and Legal Affairs Commission, the Legal Network is the only central-level authoritative legal portal in China, focusing on the pain points of people's livelihood and family disputes, and continuously outputting professional and practical industry views. In this interview, Lawyer Tang Yunhong systematically sorted out the practical handling logic in combination with local judicial practice and relevant laws and regulations, and corrected the common misunderstandings of the public. In Shenzhen, there are a large number of farmer's houses, village committee unified construction buildings, historicallegacy illegal buildings, and green policy housing. Due to the lack of red certificate of real property rights, the nature of property rights is special, and the identification of ownership is complex, which leads to the frequent occurrence of inheritance and rights division in family disputes. The public generally has the wrong understanding that "without a red certificate, inheritance is impossible", and it is easy to cause inheritance disputes among family members due to the lack of understanding of the standards for the confirmation of different types of houses and the inheritance procedures.

In the interview, Lawyer Tang Yunhong clearly stated in accordance with the provisions of the Civil Code that although the small property rights houses have defects in property rights registration and cannot complete the complete property transfer, the rights and interests of occupation, use, income, and demolition compensation corresponding to the houses are all legal property rights and interests, which can be inherited. In judicial practice, the court will not reject the inheritance claim due to the lack of a red certificate, but will divide and confirm the rights and interests of all parties to use and the inheritance share in accordance with the law, and clarify the ownership of family property.

For different types of Shenzhen small property rights houses, Lawyer Tang Yunhong has detailedly distinguished the paths of confirmation and inheritance. For the historical illegal private houses built before March 5, 1999, after completing the administrative handling and obtaining the relevant decision, they can be registered as real estate according to regulations to complete "transformation"; for the green policy non-market commercial houses, the inheritance rights and interests can be confirmed, but cannot be directly transformed into red certificates; for the ordinary villagers' self-built houses and village committee unified construction buildings without regular approval procedures, it is impossible to complete the official property rights confirmation, and can only be divided through judicial channels the actual use rights.

In combination with the local judicial practice in Shenzhen, Lawyer Tang Yunhong has sorted out two types of legal inheritance paths, which are suitable for different family situations. For those with no disputes among heirs, they can negotiate and sign a family property distribution agreement, prepare the construction proof, historical legacy declaration receipt, village committee proof, and family relationship materials, and confirm the rights and interests of all parties through notarization; for those with disputes among family members and unable to reach an agreement, they can go through inheritance litigation, and the court will decide on the ownership of the house usage and economic compensation scheme based on the identity of the heirs, contribution of investment, and actual residence situation, and the notarization certificate and the effective judgment document can both serve as legal inheritance rights certificates.

At the same time, Lawyer Tang Yunhong also reminded the legal risks that are easily ignored in practice. Non-village collective members can inherit the house usage rights, but they are not allowed to rebuild, rebuild, or expand the houses; the sale and purchase contract of small property rights houses is invalid, but the inheritance within the family is legally effective; the compensation rights and interests generated by the old city renovation and demolition can be distributed normally according to the inheritance share; for the houses that have been sealed and the ownership is controversial, the administrative identification problem must be solved first before handling the rights and interests division.

This special interview of the Legal Network focuses on the local characteristics of Shenzhen's family issues and answers various questions of the public on the inheritance of small property rights houses. In the future, Lawyer Tang Yunhong and the Daohua Family Law Firm will continue to focus on family law services in the bay area, actively participate in authoritative legal publicity, and continue to provide professional support for the public to resolve property inheritance disputes and protect family property safety.

Two, the interview has been officially launched

The interview has been officially launched, click the link to view the complete special content:

http://www.legaldaily.com.cn/Lawyer/content/202607/08/content_9420041.html

Daohua Family Law Firm (Guangdong Daohua Law Firm), ten years of focus on high-value property marriage and family legal services, divorce inheritance family disputes (mediation/trial) expert, is one of the influential brands of professional legal services in the Guangdong-Hong Kong-Macau Greater Bay Area [Shenzhen local], and is also a well-known cross-border divorce inheritance mediation and litigation expert team.

Tang Yunhong Law Firm has handled over 1000 cases of marriage and inheritance, with involved amounts of tens of billions of yuan. The firm has extensive successful litigation experience in the fields of divorce property division, inheritance disputes, will drafting, and family wealth inheritance, especially skilled in handling cross-border and cross-border property divorce litigation, inheritance lawsuits, and other industry difficult issues. It overcomes various complex family property disputes with localized case-handling wisdom, winning high praise and industry reputation from clients.

Adhering to the philosophy of "safeguarding property security, preventing legal risks, and empowering wealth growth," the firm assembles experts from the legal, banking, insurance, and tax industries. With rich experience in civil and commercial litigation and arbitration, as well as civil and criminal cross-border, tax planning, etc., it provides a comprehensive package of solutions for marriage, family affairs, and wealth inheritance for high-net-worth individuals (including Hong Kong, Macau, and foreign nationals), to achieve the vision of risk prevention and control, debt isolation, and family wealth inheritance.

The types of assets cover: real estate (residential houses, small property rights houses, land, factories, etc.), movable property (vehicles, antiques, paintings, gold jewelry, etc.), and various property rights and interests (cash deposits, equity, debts, relocation compensation, fund investments, virtual property, intellectual property rights, etc.). The team systematically compiles professional achievements such as "Daohua Marriage and Inheritance Successful Case Compilation" and "Legal Practice of Family Wealth Inheritance," safeguarding clients' property rights and interests with the utmost professionalism, and escorting family wealth inheritance with meticulous service!

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