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How to deal with the only house when one spouse is in debt

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How to deal with the only house when one spouse is in debt


        

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  • 2024-06-26 02:00:48

    The court enforces it because of debt, but the house is the only house that I and my family must live in, so can I escape the execution? It used to be OK, but it's not sure now. It can also be executed if the conditions are met. If only one of the husband and wife is in debt and the house is the joint property of the husband and wife, the share of one party should be retained if the execution is carried out. According to the provisions of Article 20 of the Provisions of the Supreme People's Court on Some Issues of the People's Court in Handling Cases of Objection to Implementation and Reconsideration, the following three situations can be implemented, even if it is the only housing:
    1. If the person who has the obligation to support the person subjected to execution has other housing that is necessary to maintain his life, for example, if the person subjected to execution is an old person and his son has property under his name, the living of the old person can be guaranteed;
    2. After the execution basis takes effect, the person subjected to execution evades other houses under the name of debt transfer;
    3. The applicant for enforcement provides a residential house for the person subjected to enforcement and his/her dependants according to the local standard of affordable housing area, or agrees to deduct five to eight years' rent from the price change of the house by referring to the average rent standard of the local housing rental market.
    Legal basis:
    Article 20 of the Provisions of the Supreme People's Court on Certain Issues of the People's Court in Handling Cases of Objection to Execution and Reconsideration
    In the execution of monetary claims, the following circumstances are met
    1、 If the person subjected to execution raises an objection on the ground that the subject matter of execution is the residential house necessary for him and his dependent family members to maintain their lives, the people's court will not support:
    (1) There are other residential houses that can support the person subjected to execution under the name of the person who has the obligation to support him;
    (2) After the enforcement basis comes into effect, the person subjected to enforcement transfers other houses under his name in order to avoid debts;
    (3) The applicant for enforcement provides a residential house for the person subjected to enforcement and his/her dependants according to the local standard of affordable housing security area, or agrees to deduct five to eight years' rent from the price change of the house by reference to the average rent standard of the local housing rental market.
    The execution basis determines that the house delivered by the person subjected to execution has been granted a grace period of three months since the date of service of the execution notice. If the person subjected to execution raises an objection on the ground that the house is necessary for him and his dependent family members to maintain their lives, the people's court will not support it.

    T***

    2024-06-26 02:00:48

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