China-based Cross-border Family Matters Services, including Marriage and Succession.
What Happens When You Inherit a House in China?
What Happens When You Inherit a House in China?

What Happens When You Inherit a House in China?

What Happens When You Inherit a House in China?

If you and other heirs need to inherit a house jointly at inheritance, there will be three ways: (1) one heir gets the house and all other heirs get cash; (2) All heirs get cash; (3) All heirs share the house on a pro rata basis.

1. One heir gets the house and the other gets cash

If one heir wants the house, he/she will have to pay the other heirs cash as appropriate.

For example, if there are two heirs totally and both heirs divide the house equally, the heir who gets the house shall pay 50% of the market price of the house to the other heir in cash.

This means that both heirs can get 50% of the market price of the house, provided that the heir who gets the house pays the other heir in cash.

Generally, this won’t be a small amount. So, why will one heir want the house?

It is usually because he/she still wants to live in the house, or hold the house in order to obtain the return from the future appreciation of the house.

2. Both parties get cash

If neither heir wants the house, then they can sell the house for cash.

After that, both heirs will equally distribute the income under general circumstances.

In Way 1 above, the heir who gets the house needs to pay a large amount of cash to the other. Under the circumstances where neither heir has enough cash, they may choose this way.

3. The two parties share the house on a pro rata basis

If both two heirs want the house, they can jointly own the house on a pro-rata basis.

For example, if both two heirs equally divide the house, then both of them can register themselves as owners of the house with the house registration authority, each holding 50% ownership thereof.

In this case, how to use the house?

If the house is physically dividable according to the said proportion, then both two heirs can delimit their respective use area of the house.

If the house is not physically dividable for use, then both heirs will use the house together and shall not hinder the other party from doing so.

In this case, how to sell the house?

The sale of the house requires mutual consent. After the sale, both heirs may distribute the income according to the registered ownership share.


Do you need support in Cross-Border Family Matters (Marriage and Succession)?
CJO Family's team can provide you with China-based consulting service, including case assessment and management, background check, and debt collection (‘Last Mile’ Service). If you encounter any problems in cross-border family matters, or if you wish to share your story, you can contact our Client Manager Julia Yuan (julia.yuan@chinajusticeobserver.com).
If you want to know more about CJO Family, please click here.
If you want to know more about CJO Family cross-border family matters service, please click here.
If you wish to read more CJO Family articles on cross-border family matters, please click here.

Latest Posts on China-Related Cross-Border Marriage Matters

  • What Are My Inheritance Rights in China?
    You can inherit the property of your parents, children and spouse. If anyone lists you as the beneficiary in the will, you also have the inheritance rights stated in the will.
  • What Is the Law of Inheritance in China?
    China used to have Inheritance Law (Law on Succession). However, after the promulgation of the Civil Code in 2020, China has only the “Book VI Succession” in the Civil Code. In other words, the inheritance law became a part of the civil code.
  • How to Inherit Properties in China?
    How to Inherit Properties in China? First of all, you need to know whether the decedent has a will and whether you have inheritance rights in the will. If the decedent does not have a will, then you also need to know whether you are the heir in intestate inheritance. That is, whether you are …
  • Is Debt Inherited in China?
    The answer is yes.
  • How Much Does the Average Person Inherit from their Parents in China?
    We will use a fictional succession-related story to illustrate how inheritance works in China.
  • Does China Have Inheritance Tax?
    No, China has no inheritance tax. If you inherit the money, you do not need to pay tax at all. If you inherit the real estate, you need to pay tax for the transfer of the property.
  • How Does Inheritance Work in China?
    During the lifetime, one can specify in the will who inherits his/her house and other heritage. If the person has no will, the decedent’s children, spouse, parents, siblings, paternal grandparents, and maternal grandparents may inherit his/her estate.
  • How Do I Get Money From My Deceased Parent’s Bank Account in China?
    You should first determine whether you are the heir to the money in the bank account of your deceased parent. If you have an inheritance right to the money, you can ask the bank to pay the part inherited by you.
  • What Happens to Bank Account When Someone Dies in China?
    If the owner of a bank account dies, his/her heirs can get the money in the bank account.
  • How Much Tax Will I Pay on My Inheritance in China?
    Generally speaking, there is little inheritance tax payable by heirs in China. Because, in China, heirs do not need to pay inheritance tax, except for some other taxes and fees, which are comparatively small.
  • What Happens When You Inherit a House in China?
    What Happens When You Inherit a House in China? If you and other heirs need to inherit a house jointly at inheritance, there will be …
  • When A Parent Dies Who Gets the House in China?
    The parent can specify in the will who inherits his/her house and other heritage. If he/she has no will, his/her children, spouse, parents, siblings, paternal grandparents, and maternal grandparents may inherit this house and other heritage.
  • When Someone Dies Who Gets His/Her Property in China?
    Before his/her death, he/she can specify in the will who inherits his/her house and other heritage. If the person has no will, his/her children, spouse, parents, siblings, paternal grandparents, and maternal grandparents may inherit this house and other heritage.
  • Can A Foreigner Inherit Property in China?
    The answer is YES. Here’s what to do for foreigners to inherit property in China.

Photo by Yu Gui on Unsplash

Leave a Reply

Your email address will not be published.