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 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 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 statutory inheritance shall be paid off by the testamentary successor and legatee in proportion to the amount of the acquired estate.
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