home page Voice Answers Voice Answers of Real Estate Dispute Lawyers Voice Answers of Real Estate Dispute Lawyers Can the debtor's parents' house be forced

Can the debtor's parents' house be forced

Updated on: 2021-03-11 15:53:01

Lawyer's voice content:

If the children are in debt Real estate gift Or sell them to their parents at a low price and transfer ownership to them. creditor Can apply to the court for cancellation Gift contract perhaps business contract 。 Therefore, the court can execute the house in the name of the parents. If the house under the name of parents is legally purchased or acquired in good faith, it has nothing to do with the children's property. Children are in debt and have no relationship with their parents. Therefore, the court will not execute the house in the name of the parents.
《 Law of succession 》 (Abolished as of January 1, 2021) Article 33“ inherit The estate shall be paid off heir Taxes payable according to law and debt Tax payment and debt repayment shall be limited to the actual value of the deceased's estate. If a successor waives inheritance, he may not be responsible for paying the taxes and debts that the decedent should pay according to law ".

《 Civil Code 》Article 1161 A successor shall pay off the taxes and debts payable by the decedent according to law to the extent of the actual value of the estate he obtains. This restriction does not apply to the part exceeding the actual value of the estate that the heir voluntarily repays. If a successor waives inheritance, he may not be responsible for paying the taxes and debts that the decedent should pay according to law.

Copyright notice: We have the exclusive copyright of the voice answer and content, and can not copy or reproduce in any form without permission.

Complaints/reports Disclaimer: The above content is integrated by LATU in combination with policies, regulations and Internet related knowledge, and does not represent the views and positions of the platform. If the content is incorrect or infringing, please contact us to correct or delete it through [Complaint/Report] on the right.

give the thumbs-up +1

Voice Answers of Relevant Lawyers

Relevant legal knowledge more

Can the debtor's parents' house be forced

If a child is in debt, he or she will donate or sell his or her house property to his or her parents at a low price, and transfer the ownership to his or her parents. The creditor may apply to the court to cancel the gift contract or the sales contract. Therefore, the court can execute the house in the name of the parents. If the house under the name of parents is legally purchased or acquired in good faith, it has nothing to do with the children's property. Children are in debt and have no relationship with their parents. Therefore, the court will not execute the house in the name of the parents.
......
Whether it is legal for parents to pay their children's debts

In order to better deal with the legal problems that may occur in life, we need to learn some relevant legal knowledge. In order to help you better understand some relevant legal knowledge, this website has sorted out some legal content related to the legality of children's parents in debt. Let's take a look.
......
Does parental debt affect children

If the parents do not pay their debts and still do not pay them after the court enforces them, they may be included in the list of dishonest persons to be executed, which will have an impact on their children. The credit blacklist will restrict their children to attend high fee private schools, and they will be hindered if they want to give their children better education and environment.
......

Relevant legal advice

Summarize your question in one sentence, no more than 50 words

Ask questions now

How to force parents to support
I am underage and have no working age, and I am forced to pay debts to my deceased parents

Lawyer Xiong Jiyi

If the heir inherits the estate of the deceased, he can claim compensation from the heir. Whether there is inheritance or not, typing is not clear, you can contact me to help you analyze in detail
What if parents force their daughter to have an abortion

Legal Counsel Consult me

Hello, the answer to the above question is as follows. Abortion is also known as the act of interrupting pregnancy or induced abortion, deliberately ending pregnancy, taking out embryos or causing fetal death. In China, people generally do not discuss any bioethical aspects of abortion. In the context of the one-child system, many people adopt voluntary abortion, or forced abortion by the relevant departments. The general situation of parents' forced abortion is that the child is pregnant before marriage or is dissatisfied with the child's spouse. In mainland China, national laws do not provide for this, but a few local government regulations have relevant provisions, mainly to avoid gender discrimination and rationalize the population structure. According to the Law of the People's Republic of China on the Protection of Women's Rights and Interests, women have the right to have children in accordance with the relevant provisions of the state, and also have the freedom not to have children.
To sum up, the parents' forced abortion is illegal, and the parents' behavior infringes the daughter's reproductive rights.
Article 51 of the Law of the People's Republic of China on the Protection of Women's Rights and Interests
Women have the right to bear children in accordance with the relevant provisions of the State, and they also have the freedom not to bear children.