Does Lao Lai's parents have a real estate that can be executed
Updated on: 2021-04-08 15:26:37
Lawyer's voice content:
If the children are in debt Real estate gift Or sell it to parents at a low price, and transfer To my parents. creditor Can apply to the court Revocation of gift Contract or business contract Therefore, the court can execute the house in the name of the parents. If the house under the name of parents is purchased legally or Bona fide acquisition 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 , pay taxes and Discharge debts It is limited to the actual value of the deceased's estate. heir abandon one's succession And may not be liable for paying the taxes and debts that the decedent should pay according to law ".
《 Civil Code 》Article 1163 Existing Legal succession Again Testamentary succession , bequest, by Legal heir Pay off the taxes and debts that the decedent should pay according to law; The portion exceeding the actual value of the legally inherited estate shall be heir by testament and Legatee Pay off in proportion to the inheritance.
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