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My parents are Chinese but I am a US citizen, how can I inherit and process properties in China?
I am going to divorce, how can I fight for child custody?
I have property in China, how can I sell the property if I am not in China
10 Years’ Experience in Marital & Family Law; Rigorous Case Management, Case Handled by Teams, 3 Main Stages
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6 Main Stages in Litigation
Consultation： Process Chart of Litigation, Procedure of Case Filing, List of Materials for Case Filing
Instruction: Execution of Engagement Letter, Notice for Client, Power of Attorney
Case Planning: Case Strategy Report, Case Chart
Case Filing: Bill of Complaint, Notice of Acceptance of Case; Work Update, Lawyer’s Opinion & Feedback
Attendance: Trial Report, Statement of Attorney
Judgment: Written Judgement/Settlement/Award, Case File
Landing strives to become the top tier international law firm. Every Landing lawyer practices in their specialized area along with two sub-practicing areas. We are committed to provide practical and solution-oriented advice in the sector of commodities,infrastructures, energy, real estate & construction, financial institution, healthcare pharmaceuticals, industries, telecommunications, media, entertainment & technology as well as retailing in China.
Ms. Wang specializes in marital legal issues, family and inheritance, family wealth management, custodial disputes and adoption disputes.
Mr Zhou has represented many foreign clients in their China-related legal issues. In terms of family law, Mr Zhou has assisted foreigners in their divorce, child maintenance and inheritance cases in China.
Fortune 500 legal training lecturer, professional family lawyer with rich experience. With sound professional knowledge and seasoned experience, she helped her clients to fight for their legitimate rights and interests.
Ms Zhong has practice law for more than 20 years. She has handled thousands of cases. Ms Zhong can accurately identify the major issue in a case, and provide solution-oriented legal advice.
Lina’s practice focus on family law, including divorce disputes, child custody disputes, property disputes after divorce, inheritance disputes, divorce planning and wealth planning, etc.
Mr Chen has assisted the partners in many commercial and civil litigation and transnactions. He is kind and friendly, and can establish good communication with the clients.
Divorce, Arrangements for children, Division of assets, property, or debt
With and without a will
dispose of property
Stock Right, House Property
Civil partnerships, Cohabitation, Donor Conception, Pre and post nuptial agreements, Child support, Paternity matters
A US couple, who married in Canada, now live in Guangzhou, China and work as the schoolmaster and teacher in an international school. In 2018, this couple decided to divorce via a litigation in China. However, due to the marriage of this US couple was registered outside of China and they have no registration of marriage in China, the Chinese court refused to accept their divorce case. In addition, relevant official authorities also refused to recognize the effectiveness of their marriage here in China. Thus the wife of this US couple entrusted Landing lawyers to settle this case.
In accordance with our legal research and analysis, there is no specific PRC Law which has banned the divorce lawsuit between non-Chinese citizen who registered their marriage outside of China. Because there are so few precedents, the courts and judges may lack experience on how to handle such divorce cases. In such situation, we provided our Legal Opinion to the court, illustrating that : (1) the habitual residence of the US couple is in China and both of them has been worked and paid tax here for a long time; (2) this couple have big difficulties to go back the US and divorce there; (3) both of the couple agree to solve the dispute under PRC law and subject to the jurisdiction of Chinese court. Finally the Chinese court accept the case and the case resolved through mediation.
I am an American. My parents left a house which located in mainland China for my brother and me in will. Is this will valid in China?
In the case of the couple divorcing in foreign countries, whether the agreement on child custody made outside of China could be effective in Chinese jurisdiction?
According to Article 33 of Law of The People’s Republic of China on the Laws Applicable to Foreign-related Civil Relations, if your parents resided in the United States when they made the will or when they passed away, or they are American citizens, the validity of the will shall be judged under American law. If the will is valid under American law, it will be recognized by China after notarization and authentication.
When the couple reach an agreement and register for divorce at the civil affairs bureau, the custody agreement has legal effect. When the couple has not registered for divorce at the civil affairs bureau, the custody agreement has no legal effect.
If the will is invalid, how to inherit the property in China?
A Chinese citizen married a non-Chinese citizen and registered their marriage outside of China, none of which currently live in China. Whether the said couple can divorce in China via a suit?
According to PRC law, if the will is invalid and there is no legacy or other ways of inheritance, statutory succession shall apply. Spouse, children and parents are the first in line heirs and shall inherit in equal shares. So you and your brother can each get half of the property.
The couple shall firstly fire a divorce lawsuit to court in the foreign country the couple live in. If the said court refuses to accept this divorce case and the couple thus fire a lawsuit for their divorce in China, then the court at the place of habitual residence or last residence of the couple among China will have the jurisdiction.