Insights

Can Ningbo rural homestead houses be inherited? What about the children of urban hukou

Ningbo Author：LuXu WANG

The house of parents in their hometown in the countryside, their children moved their hukou to the city more than ten or twenty years ago, and the old people passed away one after another. Whether this old house can be inherited, whether it can be certified, and whether it can be rebuilt after the certification is completed -- these are the practical problems that many families in Ningbo will encounter. To begin with the conclusion:Houses on homestead land can be inherited, but the homestead land itself cannot be inherited separately.; According to the rule of "integration of real estate" and "land follows the house", after the children of urban household registration inherit the house, they can continue to use the homestead and register the real estate during the existence of the house, but they can only maintain and reinforce it, and cannot rebuild, rebuild or expand it. Once the house is lost, the right to use the homestead may be recovered by the village collective. Below, I will clearly explain the legal logic and operational procedures in nine sections.

1. What are the legal distinctions between a residential land plot and the house built on it?

To determine “whether inheritance is possible,” you must first distinguish three things:Ownership of residential land, right to use residential land, ownership of houses. The three entities belong to different subjects and are governed by different rules; discussing them together will inevitably lead to errors.

First, ownership of residential land belongs to the rural collective.Land in rural areas and suburban districts, except for that which the law stipulates belongs to the state, is owned collectively by the farmers. Homestead is collectively owned construction land, and what villagers get is never "land", but the right to use the land. Therefore, the residential land itself is not the personal property of villagers, and there is thus no question of it being “inherited” as part of an estate.

Second, the right to use the homestead belongs to the peasant household, with the identity attribute. Article 362 of the Civil Code stipulates that the owner of the right to use the homestead has the right to possess and use the land owned by the collective according to law, and has the right to use the land to build houses and their ancillary facilities according to law. Article 363 stipulates that the acquisition, exercise and transfer of the right to the use of homestead shall be governed by the laws on land management and the relevant provisions of the State. It can be seen that the right to use the homestead is the usufructuary right obtained by the members of the collective economic organization on the basis of membership and examination and approval according to law, which is established by the township (town) people's government and approved by the people's government at the county level, which is a typical "member right".

Third, the ownership of the house belongs to the builder.Houses built on residential land with funds contributed by the villagers themselves are jointly owned by the builder or the family and constitute full private property. The house is "private property" and the land is "collective". These two points are not contradictory.

In one sentence: The land is collective, the right is obtained by identity, and the house is the private property of the individual. The reason why the inheritance problem is difficult is that the house and the land are "tied" together, and the house price cannot exist independently without the land price.

Can 2. houses be inherited

Can. There is no dispute that the house belongs to the estate. Article 122 of the Civil Code stipulates that an estate is the lawful property of an individual left over from the death of a natural person; an estate that may not be inherited in accordance with the law or by its nature may not be inherited. The houses on the rural homestead are the legal personal property of the villagers and naturally fall into the scope of the estate-the law neither distinguishes between urban houses and rural houses, nor does it deprive the heirs of their inheritance status because they are urban hukou.

Who is the heir, according to Article 1127 of the Civil Code: the first order is spouse, children and parents; the second order is brothers and sisters, grandparents and grandparents. After the beginning of inheritance, the first order heir shall inherit, and the second order shall not inherit; if there is no heir in the first order, it shall be inherited by the second order. Among them, "children" include children born in wedlock, children born out of wedlock, adopted children and stepchildren who are in a dependent relationship.

The key issue is the homestead. After the house is inherited, what about the homestead under the house? The rule is "the land goes with the house": the ownership of the house is transferred, and the right to use the homestead under the house is transferred to the heir, who will continue to possess and use it until the house is lost. This is not to divide the homestead as an independent inheritance, but the natural result brought by the inheritance of the house-the house stands on the ground, and the use of the house must use the land, otherwise the heir will get a "suspended house".

3. Can children with urban household registration inherit?

can, and there is a clear official basis. In September 2020, the Ministry of Natural Resources, after the Ministry of Housing and Urban-Rural Development, the Ministry of Civil Affairs, the State Security Bureau, the Supreme People's Court, the Ministry of Agriculture and Rural Affairs, and the State Administration of Taxation, made it clear in the Reply to Recommendation No. 3226 of the Third Session of the 13th National People's Congress:"The farmer's right to use the homestead can be inherited by the children of urban household registration according to law and handle the real estate registration."

The reply also explains the reasons: according to the law, the decedent's house is inherited by the heir. According to the principle of the integration of real estate, the heir inherits the ownership of the house and the right to use the homestead, and the rural homestead cannot be inherited separately. According to the Regulations on the Registration of Real Estate (Trial), if a member of a rural collective economic organization (including urban residents) occupies the homestead for inheriting the house, the registration of the right may be carried out in accordance with the relevant provisions, and the note "the right holder is the legal heir to the residence of the former member of the farmers' collective economic organization" shall be noted in the real estate register and the attached column of the certificate ".

Therefore, the children of urban household registration can completely: inherit the ownership of rural houses; acquire the right to use the homestead during the existence of the house with the house; apply for real estate registration and receive the real estate ownership certificate with the inheritance materials. Previously, the relevant decisions of the Supreme People's Court also held the same caliber.

But it must be accurately understood and not misread. What can be inherited is “ownership of the house plus the right to occupy the residential land during the house’s existence,” rather than an independent right to use the residential land that can be severed from the house and disposed of at will. The spirit of the reply is the technical connection under the "integration of real estate", not to open another hole for urban residents to obtain homestead alone.

What are the restrictions after 4. inheritance

(1)A residential land plot cannot be disposed of independently. What is inherited is the house, and the homestead is used with the house. The land cannot be sold, mortgaged or donated to non-members of the collective. The right to use the homestead does not belong to the property that can be freely transferred, and the transfer must be approved by the collective economic organization, and can only be transferred to the villagers in the collective who meet the conditions for the distribution of the homestead, and the land is transferred together with the house.

（2）It shall not be sold to persons who are not members of this collective, and in particular, it shall not be sold to urban residents.Rural residential properties may not be sold to urban residents, nor may urban residents purchase rural homesteads or farmers’ houses; this has consistently been a policy red line. If the inherited house is traded externally, the transferee can in principle only be an eligible member within the collective economic organization.

（3） After the house is lost, the right to use the homestead may be taken back.This is the flip side of “land follows the house”—as long as the house exists, the land remains; if the house is destroyed, the land is lost. When a house is lost due to disrepair, collapse, or natural damage, the associated residential land-use right is likewise extinguished and shall be lawfully reclaimed by the village collective economic organization for reallocation.

（4） Renovation, alteration and expansion are strictly restricted. If the non-members of the collective economic organization inherit the house, they can live, use, repair and reinforce during the existence of the house, shall not renovate, renovate, expand, rebuild. The public reply of Ningbo Municipal Bureau of agriculture and rural areas is also the same: "urban residents can inherit rural houses according to law and obtain the right to use the homestead during the existence of the house, but they are not allowed to rebuild, rebuild, expand or rebuild. After the collapse of the house, the right to use the homestead is lost. "Once demolished and rebuilt, it is equivalent to building a new house on collective land. It is a matter that requires a new application for homestead and is usually not approved.

5. Cases involving multiple children and existing residential land

First, let's talk about the influence of "one household, one house. Article 62 of the Land Management Law stipulates that one household of rural villagers can only own one homestead; those who apply for homestead after selling, renting or donating their houses will not be approved. This principle mainly regulates the application and initial acquisition of homestead, and does not prohibit the formation of "one family with multiple houses" due to inheritance ". Acquisition by inheritance, which arises from causes other than legal acts, falls under the policy exception: Members of the collective who already own one residential site, as well as non-members of the collective or urban residents who acquire rural housing through inheritance, may all have their rights confirmed and registered in accordance with the regulations, without being subject to the “one household, one residence” restriction; when registering, it is sufficient to indicate the source in the remarks column.

Will children who have already registered their household and occupy a residential plot affect the allocation? will. If a child has been living with his or her parents and is still in the hospital, it is usually the actual user of the homestead. When the court deals with this kind of inheritance, it will consider the "premises as a whole" and the residential interests of the actual right of use: the physical division of the division, not the physical division, by one party to obtain the house, to other heirs discount compensation. Beijing No.2 Intermediate People's Court (2024) Beijing 02 Minzhong No. 15393 Zhu Moujia et al. v. Cui Mou's legal inheritance case embodies this idea-the heirs who have moved out and whose household registration is not in the hospital require physical division of the old house in the house. The court believes that physical division will enable the heirs who have moved out to obtain the benefits of the right to use the house site and infringe upon the rights and interests of the current user.

How should the share be determined? The share of heirs in the same order is generally equal, but the heirs who have fulfilled the main maintenance obligations or live with the heirs may be divided more; those who have the ability and conditions to maintain but do not fulfill the maintenance obligations shall be divided or less. In practice, children who have moved away and failed to fulfill their maintenance obligations are often awarded a smaller share of the estate. Ningbo's local village rules and regulations shall not deprive women of their equal rights in homesteads and other aspects on the grounds of unmarried, married, divorced, widowed, and no male in the household. Such village rules that infringe on women's rights and interests are invalid according to law.

The effect of 6. will on the disposition of homestead houses

The decedent may make a will to dispose of rural housing. Article 133 of the Civil Code stipulates that a natural person may make a will to dispose of personal property in accordance with the provisions of this Law, and may appoint an executor; a will may be made to designate personal property to be inherited by one or more of the legal heirs, or bequeathed to organizations or individuals other than the state, collective or legal heirs. Rural houses belong to "personal property" and are naturally included in the list of testamentary dispositions.

In a will, it is important to use the “building‑and‑land‑as‑a‑unit” formulation: when disposing of a house in a will, the right to use the residential land beneath the house should be disposed of together with the house, and the land should not be separately disposed of. It should also be noted that if the house is the joint property of the husband and wife, the testator can only dispose of his own share, and the partial effect of disposing of the spouse's share without authorization is discussed separately. Furthermore, the priority of notarized wills has been abolished; if multiple wills are executed and their provisions conflict, the latest will shall prevail. A beneficiary under a bequest must indicate acceptance within sixty days of becoming aware of the bequest; failure to do so by the deadline shall be deemed a waiver.

What to do with 7.

  • The first step is to find out the source of ownership. Obtain the homestead approval documents, the original land use certificate or house ownership certificate, as well as household registration and kinship certificates to determine who the deceased was, to whom the house belongs, and whether there are any co-owners.
  • Step 2: Obtain a notarized certificate of inheritance without any disputes.All heirs shall go to the notary office to obtain a certificate of inheritance rights and use the certificate to apply for registration; if any heir renounces the inheritance, they shall submit a written declaration of waiver.
  • Step 3: First resolve any inheritance disputes that are in question. sue the people's court of the place where the decedent's domicile or the place where the main estate is located at the time of his death, requesting confirmation of the right of inheritance and division of the estate, and the cause of action is mostly legal succession disputes or testamentary succession disputes; inheritance disputes and real estate disputes are under the exclusive jurisdiction of the court.
  • Step 4: Apply for registration at the real estate registration authority.Submit the real estate registration application form, identity documents, the real estate ownership certificate or documents proving the source of ownership, a notarized certificate of inheritance rights, or a legally effective court document, among other required materials. For registration arising from inheritance, a real property ownership certificate shall be issued on the principle of “land and building as one,” and the remarks column shall state: “The holder is the lawful heir to the residential property formerly owned by a member of this rural collective economic organization.”
  • Step 5: Don't miss the village collective link. The change of the right holder and the confirmation of the occupation of the homestead often need the certificate of ownership, kinship and so on issued by the village committee. The opinions of the village collective economic organizations are an important part of the registration materials.

8. Common disputes and misconceptions

Misunderstanding 1: "Homestead is ancestral property, of course it can be inherited". Wrong. Ownership of residential land is collective; individuals have never held ownership rights to such land—“ancestral property” is merely a colloquial term. Only the house can be inherited; the land beneath it is transferred along with the house.

Misconception No. 2: “If the children have urban household registration, they are not eligible to inherit.”Wrong. Inheritance rights are not lost upon relocation of household registration; urban‑registered children may inherit the house and register it accordingly, but they may not inherit the residential land plot by themselves nor undertake reconstruction.

Misconception 3: “Once you inherit a property, you can freely rebuild or expand it.” Wrong. Houses inherited by individuals who are not members of the collective may only be repaired or reinforced; they may not be rebuilt, remodeled, expanded, or reconstructed. If the house is demolished or collapses, the homestead site may be reclaimed by the collective. The typical case of the Chongqing Court in 2025 determined that the heir already enjoys a homestead, and the other farm house he inherited can be used and repaired normally, but it cannot be rebuilt, rebuilt or expanded. After the house collapses and is lost, the right to use the homestead is lost. The application for planning permission is essentially a new application for homestead and will not be approved.

Common disputes still mainly fall into a few categories: siblings who have moved away contend with those who remain in the village over the physical division of residential courtyards;The house was rebuilt and renovated by one of the parties many years ago, and how to determine the capital contribution and property ownership; One party who lives and repairs for a long time requires more points or compensation; The inheritance rights and interests of widowed daughters-in-law and women are excluded by village rules and regulations or families. When dealing with the source of ownership and registration materials as the basis, taking into account the actual use and support contributions, can negotiate as far as possible, the negotiation failed to claim according to law.

class case reference: children of urban household registration (household registration moved out) can inherit rural houses, but can not claim the right to use the homestead alone, and subject to the "integration of real estate" restrictions, mainly to discount compensation. In some cases, the heir who moved out of the household registration still enjoys the right to inherit the ownership of the rural house, but its non-homestead use right holder, the physical division will infringe the interests of the current use right holder, the court after the interpretation rejected its physical division request. Trial court: Beijing Daxing District People's Court of First Instance and Beijing Second Intermediate People's Court of Second Instance Case No.:(2024) Beijing 02 Minzong No. 15393; Source: 2026 Cases of Chinese Courts, Marriage, Family and Inheritance Disputes.

9. Frequently Asked Questions

1. Can an only child with urban household registration inherit the family home in their hometown?

Yes. The house belongs to the estate, and the inheritance qualification has nothing to do with the household registration. The real estate registration can be carried out with the inheritance materials. The attached column of the register indicates that it is the legal heir of the original member's residence.

2. Can I still register the homestead if I have moved out of the household for many years?

can be registered, but what is registered is "house + homestead occupation during house existence", not independent homestead use right. If the original collective members are transferred out due to normal migration such as schooling, military service, and settlement in cities, homesteads and houses built with legal approval can apply for registration.

3. Can the inherited house be sold to the city people?

No. Farmers' houses shall not be sold to urban residents, and the transfer of the right to the use of homestead shall be subject to the consent of the collective and shall be limited to the qualified members of the collective economic organization, and the land and housing shall be transferred together.

4. The house collapsed, is the ground still mine?

is no longer. When the house is lost, the right to use the homestead is eliminated and recovered by the village collective in accordance with the law. Therefore, after inheritance, one should strive to maintain and reinforce the house to extend its lifespan.

5. Can the house left by parents be left to only one child in a will?

Sure. The will may dispose of the share of the house owned by the individual, and the right to use the homestead shall be disposed of with the house, but the share of the spouse shall not be disposed of, and the necessary share shall be reserved for the heirs who lack the ability to work and have no source of income.

6. If some of the children have been living in the village, will the share be large?

Will be allocated more as appropriate. If he has fulfilled his main duty of maintenance or lives with the decedent, he may receive more points; if he has the ability but does not fulfill his duty of maintenance, he shall receive no or less points. The party who actually lives and occupies the homestead usually gets priority care in the way of division.

10. Practical Insights from a Lawyer

For the inheritance of rural homestead houses, the most common mistake for city dwellers is that "I can directly inherit and transfer the ownership of my parents' homestead". Legally, the ownership of homestead belongs to the collective and cannot be inherited. What you can inherit is only the house on the homestead, that is, "the land goes with the house"-what you inherit is the house, and by the way, you can obtain the right to use the homestead within the scope of the house occupation. Children of urban registered permanent residence can also inherit houses, but after inheritance, houses cannot be rebuilt or expanded, but can only be repaired. Once collapsed or lost, the homestead will be collectively recovered. Many people have no idea about this before.

In terms of operation, the first step is to confirm the ownership and current situation of the house, no matter the children with rural or urban household registration: check the right certificate for the use of the homestead, the approval materials for building and the old property certificate, and confirm whether the house is legally built by the parents, whether it is built against the law, and whether it is registered in the name of the decedent. In families with many children, if there are children who have other homesteads, it will not affect their inheritance of their parents' houses, but when it comes to the "one household, one house" policy, they should pay attention to the subsequent disposal restrictions. When going through the formalities, with the death certificate of the decedent, the certificate of kinship, and the housing ownership materials, apply to the real estate registration department for registration of the right to fix the identity of the "heir" and the share of the house.

There are three key points to avoid the pit: first, don't listen to the rumor that "urban household registration can't inherit rural houses", and the houses can be inherited only with limited use; second, don't push the houses down and rebuild in a hurry, which will lose the foundation of "the land goes with the house"; third, when many children have differences on the use and rental income of houses, sign an internal agreement as soon as possible to determine who will use it and how the proceeds will be divided. At the right time, register while the house is still in place and the ownership materials are complete, and don't wait for the house to be dilapidated and the certificate to be lost. If parents want to leave the house to a child through a will, they can write it, but it is bound by the framework of "the house is sustainable and the land is limited", and the will cannot change the nature of the land.