Executive lawyer Sun Wei talked about the execution of my only housing you can not execute

#Law Popularization Action #Executive Lawyer Sun Wei Talks About Enforcement Of My Only Housing You Can't Enforce!

Executive lawyer Sun Wei Enforcement preservation of those things 2021-10-06 09:00

Zhang San said that he currently has only one 200-square-meter self-occupied house under his name, worth more than 20 million yuan. Having consulted a lawyer before and searching through the Internet myself, I have concluded that even if the creditor's claim is upheld by the court, the only house will not be enforced by the court at the enforcement stage.

You're right, but the time point has to move forward a few years, at least 6 years, that is, 2015, or even 16 years, that is, 2005, because the Supreme People's Court issued in 2004 regarding the enforcement of the only housing

Article 6 of the Provisions on the Sealing, Seizure and Freezing of Assets in civil enforcement by the People's Courts (hereinafter referred to as the Provisions on Seizure and Freezing), which came into effect on New Year's Day in 2005, stipulates: "The people's courts may seal the residential houses necessary for the lives of the person subject to enforcement and their dependents, but may not auction, sell or pay off debts." From a literal point of view, the clause only stipulates that the "residential house necessary for living" can be sealed and cannot be disposed of at a variable price, and does not clearly stipulate that the only house under the name of the person subject to enforcement cannot be disposed of. However, the only dwelling of the executor is often the "dwelling house necessary for his life", so some people mistakenly believe that as long as it is the only dwelling under the name of the executor, it cannot be enforced, and this misunderstanding has given many "Zhang San" opportunities. In fact, there is a big difference between the only house and the "house necessary for life", and owning only one house is not necessarily necessary for life, even if there are two houses, one of which may be necessary for living. Courts usually do not enforce sole housing for the purpose of guaranteeing the basic right to subsistence of the person subject to enforcement.

According to article 7 of the Provisions on Seizure and Freezing, "the people's court may, on the basis of the application of the person applying for enforcement, enforce the houses and ordinary necessities of life necessary to ensure the minimum standard of living for the person subject to enforcement and his or her dependent family members" for housing and ordinary necessities of life that exceed the requirements for the life of the person subject to enforcement and his or her dependent family members."

Article 20 of the Provisions on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by The People's Courts (hereinafter referred to as the Provisions on Enforcement Objection Reconsideration) issued by the Supreme People's Court in 2015 further enumerates the circumstances under which even the only dwelling can be enforced.

In the enforcement of a monetary claim, in any of the following circumstances, and the person subject to enforcement raises an objection on the ground that the subject of the enforcement is a residential house necessary for himself or herself and his dependent family members to maintain their daily lives, the people's court will not support it:

(1) Where a person who has an obligation to support the person subject to enforcement has other residential housing that can be used to maintain the necessities of subsistence;

(2) after the basis for enforcement takes effect, the person subject to enforcement transfers other houses under his name to evade debts;

(3) The applicant for enforcement provides the judgment debtor and his or her dependent family members with residential housing in accordance with the local low-rent housing guarantee area standard, or agrees to deduct the rent for five to eight years from the conversion price of the house with reference to the average rent standard of the local housing rental market.

The law is the law, Zhang San must not be lucky, the president of the Supreme People's Court Zhou Qiang instructed that 2-3 years to completely solve the difficulty of enforcement, the enforcement departments of courts across the country are in full swing to deal with the enforcement problem, as only one set of housing executor you, do not sit back and relax, suddenly one day court enforcement personnel came, is the beginning of compulsory enforcement