What is the maximum amount of time that pre divorce property preservation can be frozen

Under normal circumstances, it is necessary to wait for the case to be concluded after the trial, and the freezing can be lifted if the litigation is concluded and the judgment takes effect. The period for which the people's court freezes the bank deposits and other funds of the person subject to enforcement must not exceed six months.

According to Article 93 of the Civil Procedure Law, the substantive condition for pre-litigation preservation is that the property involved in the disputed legal relationship between the interested party and others is in a state of emergency, and there is a real danger that the legitimate rights and interests of the interested party will suffer irreparable damage if property preservation measures are not taken immediately.

4. Specific procedures for property preservation.

1 Application. For pre-litigation property preservation, the interested party shall apply to the court to which the lawsuit is filed before filing a lawsuit. After the people's court accepts the application and rules for preservation, if the applicant does not file a lawsuit within 15 days, it will rule to lift the preservation.

Litigation property preservation may be applied for at the same time as the lawsuit is filed, or it can be applied for after the lawsuit is filed.

2 Warranties. In order to protect the rights of both parties equally, the applicant must provide a guarantee, and if the applicant does not provide a guarantee, the application will be rejected. The guarantee is mainly in the form of property security, and the amount of property to be provided as security should be equivalent to the amount requested for preservation.

It is also possible to provide a guarantee to the court in the form of a litigation guarantee provided by a guarantee company.

3 Ruling. After accepting the applicant's application, the people's court shall make a ruling on pre-litigation property preservation within 48 hours; In the case of litigation property preservation, a ruling must also be made within 48 hours if the situation is urgent. Once the decision is made, it takes legal effect.

If the parties are not satisfied, they may not appeal, but they may apply for reconsideration once. Enforcement of the ruling is not stopped during the reconsideration period.

4 Lift. Reasons for the lifting of property preservation measures:

First, after the pre-litigation preservation measures are taken, the interested party does not file a lawsuit within 15 days;

Second, the respondent provides security to the people's court in accordance with relevant provisions;

3. The applicant withdraws the application during the period of property preservation, and the people's court agrees to the withdrawal of the application;

Fourth, the people's court confirms that the respondent's application for reconsideration is sustained, and makes a new ruling to revoke the original ruling on property preservation;

Fifth, the respondent has fulfilled the obligations of the people's court judgment in accordance with the law, and the property preservation is meaningless.

In addition, if the respondent's bank deposits are frozen, the validity period of the freeze is 6 months at a time, and if the 6 months exceed and the people's court does not rule to continue to take preservation measures, the original freezing measures will be automatically lifted.

5. Compensation: If the party applies for property preservation in error, and the respondent suffers losses due to the property preservation, the applicant shall be liable for compensation. Haimen lawyer.

What is the premarital property preservation, and the premarital property does not need to be preserved.

Legal analysis: The period for the people's court to freeze the bank deposits of the person subject to enforcement and his family and other funds shall not exceed six months, the period for sealing and seizing movable property shall not exceed one year, and the period for sealing up immovable property and holding and freezing other property rights shall not exceed two years. Except as otherwise provided by laws and judicial interpretations.

Legal basis: Article 29 of the Provisions of the Supreme People's Court on the Sealing, Seizure and Freezing of Assets in Civil Enforcement by the People's Courts stipulates that the period for a people's court to freeze the bank deposits and other funds of a person subject to enforcement shall not exceed six months, the period for sealing or seizing movable property shall not exceed one year, and the period for sealing immovable property and freezing other property rights shall not exceed two years.

Except as otherwise provided by laws and judicial interpretations. Where the person applying for enforcement applies for an extension of the time limit, the people's court shall complete the formalities for continuing the sealing, seizure, or freezing before the completion of the period for sealing, seizure, or freezing, and the period for renewal must not exceed one-half of the time period provided for in the preceding paragraph.

Summary. Dear, I am glad to answer for you: the divorce application for property preservation is frozen for six months, but the property freeze is frozen by the respondent providing a guarantee or the case is concluded, and the judgment can be unfrozen.

Dear, I am glad to answer for you: The divorce application for property is frozen for six months, but the bright book is that the respondent provides a guarantee for the property freeze or the case is concluded, and the judgment can be lifted from the freezing of filial piety.

Legal basis: Article 103 of the Civil Procedure Law of the People's Republic of China employs sealing, seizure, freezing or other methods prescribed by law for property preservation. After the people's court has preserved the property, it shall immediately notify the person whose property has been preserved.

Where the property has already been sealed or frozen, it must not be repeatedly sealed or frozen.

Summary. Hello, the freezing period of property preservation in a divorce application is determined on a case-by-case basis and there is no fixed time. The court will determine specific measures and time limits for freezing assets according to the requirements of the divorce applicant and the circumstances of the property.

During the freezing period, the frozen property cannot be disposed of, transferred or transferred, so as to ensure that the rights and interests of the divorce applicant are not harmed. If it is necessary to extend the freezing period, the divorce applicant can apply to the court. <>

Hello, the freezing period of property preservation in a divorce application is determined on a case-by-case basis and there is no fixed time. The court will set specific measures and time limits for freezing the property according to the requirements of the divorce applicant and the property situation. During the freezing period, the frozen property cannot be disposed of, transferred or transferred, so as to ensure that the rights and interests of the divorce applicant are not harmed.

If it is necessary for Qiaoyuan to extend the period of freezing filial piety, the divorce applicant can apply to the court. <>

Hello. Please ask.

My father's house was demolished, I got 17w, and my second wife sued for divorce, can she get this demolition money?

Hello, according to the Marriage Law of the People's Republic of China, during the existence of the marital relationship, the property jointly acquired by the husband and wife shall be jointly enjoyed in accordance with the agreed manner; Where there is no agreement or the agreement is not clear, it shall be deemed to be jointly owned. In the event of a divorce, the joint property of the husband and wife shall be divided. Therefore, if your father's house was demolished during the marriage, the $170,000 from the demolition should be considered as the joint property of the husband and wife.

If your father's second wife can prove that the 170,000 yuan demolition money is the joint property of the husband and wife, she may be able to share the money. However, the specific situation also needs to be analyzed according to the time of marriage registration of your father and his second wife, the pre-marital property situation, whether there is a prenuptial agreement, etc.