How long does it take for a seized property to be unsealed?

If the property is seized, an application for unsealing may be filed with the court after the arrears are paid off or the case has been concluded. After receiving the application, the court can generally complete it within 7 working days, but it also depends on the court's schedule, and it needs to negotiate with the court to confirm the time.

Provisions of the Supreme People's Court on the Sealing, Seizure and Freezing of Assets in Civil Enforcement by the People's Courts

Article 31: In any of the following circumstances, the people's courts shall make a ruling to lift the sealing, seizure, or freezing, and serve it on the person applying for enforcement, the person subject to enforcement, or a person not involved in the case

1) Sealing, seizing, or freezing the assets of persons not involved in the case;

2) The person applying for enforcement withdraws the application for enforcement or waives the creditor's rights;

3) The sealed, seized, or frozen property fails to be auctioned off or sold, and the person applying for enforcement and other enforcement creditors do not agree to accept the payment of debts;

4) The debt has been paid off;

5) The person subject to enforcement provides a guarantee and the person applying for enforcement agrees to lift the sealing, seizure, or freezing;

6) Other circumstances where the people's court finds that the sealing, seizure, or freezing shall be lifted.

Where sealing, seizure, or freezing carried out by way of registration is lifted, a notice of assistance in enforcement shall be issued to the registration organs.

When the seized property is unrelated to the act, it shall be unsealed. In addition, the part of the court judgment after the execution of the repayment, this case shows that the court is procedurally illegal in the process of law enforcement.

If the parties to the case have fulfilled the relevant statutory obligations, the court shall immediately discharge the relevant legal liabilities of the obligated parties.

And your ex-husband has fulfilled his duties and the court has not discharged your property, indicating that they have violated the law, and if you have caused related losses, you can ask the court to pay compensation.

Legal analysis: The seized house can generally be completed within 7 working days after receiving the application for unsealing, and there are three ways for the court to unseal the property: 1. The applicant who proposes preservation submits an application to the court to lift the seal, and the court unseals.

2. The court shall unseal the application by myself and with the consent of the original preservation applicant. 3. The case is concluded and the court rules to unseal.

Legal basis: "Rules of the Supreme People's Court on the Sealing, Seizure, or Freezing of Assets in Civil Enforcement by the People's Courts" Article 3 Revised Article 11: In any of the following circumstances, the people's court shall make a ruling to lift the sealing, seizure, or freezing, and serve it on the person applying for enforcement, the person subject to verification and prudent enforcement, or a person not involved in the case: (1) sealing, seizing, or freezing the property of a person not involved in the case; 2) The person applying for enforcement withdraws the application for enforcement or waives the creditor's rights; 3) The sealed, seized, or frozen property fails to be auctioned off or sold, and the person applying for enforcement and other enforcement creditors do not agree to accept the payment of debts; 4) The debt has been paid off; 5) The person subject to enforcement provides a guarantee and the person applying for enforcement agrees to lift the sealing, seizure, or freezing; 6) Other circumstances where the people's court finds that the sealing, seizure, or freezing shall be lifted.

House seizures are generally automatically unsealed after three years. According to the law, the time limit for the people's court to seize immovable property shall not exceed three years. Where the applicant for enforcement applies for an extension of the time limit, the people's court shall go through the formalities for continuing the sealing before the completion of the period for sealing the immovable property, but the period for renewal must not exceed the time limit provided for in the preceding paragraph.

[Legal basis].

Article 487 of the Interpretation of the Supreme People's Court on Application Article 487: The period for a people's court to freeze the bank deposits of a person subject to enforcement shall not exceed one year, the period for sealing or seizing movable property shall not exceed two years, and the period for sealing immovable property or freezing other property rights shall not exceed three years. 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 the period provided for in the preceding paragraph. The people's courts may also handle the formalities for continued sealing, seizure, or freezing in accordance with their authority.

It takes 7 working days for the seized property to be unsealed, the maximum period for the seizure of the property shall not exceed two years, and the renewal period for the applicant for enforcement to apply for an extension of the period shall not exceed one year. The process of unsealing the property is as follows:

Where the sealed property has expired or the enforcement has been completed due to the expiration of the statutory period for seizure, the court shall make a decision to unseal the property upon the application of the party to the seized property and enforce it.

1. The court's case-handling personnel present valid law enforcement certificates to the land and real estate department;

2. Submit the legal documents to the court to unseal the property;

3. The land and real estate department shall unseal it according to the materials submitted by the court.

Legal procedures for the seizure of a property by the court:

1. The court issues the Notice of Assistance in Enforcement and the attached legal documents to the land and real estate department;

2. The case-handling personnel shall present the court work card to the land and real estate department, and handle the sealing procedures in the following different circumstances:

1) If the real estate certificate has been issued for the subject matter of the seizure, the search form issued by the archives of the Land and Real Estate Bureau shall be submitted;

2) If the subject matter of the seizure is a pre-sold commercial house, the transaction form of the pre-sold commercial house in Lingshan or the detailed statement of the real estate shall be submitted by the real estate exchange;

3) If the subject matter of the seizure is land, the land ownership should be checked at the archives of the Land and Real Estate Bureau and the written results of the search should be submitted.

[Legal basis].Article 29 of the Provisions on the Sealing, Seizure and Freezing of Assets in Civil Enforcement by the People's Courts.

The period for the people's court to freeze the bank deposits and other funds of the person subject to enforcement must not exceed six months, the period for sealing or seizing movable property must not exceed one year, and the period for sealing immovable property or freezing other property rights must 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.

It takes 7 working days for the seized property to be unsealed, the maximum period for the seizure of the property shall not exceed two years, and the renewal period for the applicant for enforcement to apply for an extension of the period shall not exceed one year. Where the period for sealing, seizure, or freezing is complete, and the people's court has not completed the extension formalities, the effect of the sealing, seizure, or freezing is extinguished.

[Legal basis].Article 29 of the Provisions on the Sealing, Seizure and Freezing of Assets in Civil Enforcement by the People's Courts Article 29 The period for the people's courts to freeze the bank deposits and other funds of the person subject to arbitrary enforcement shall not exceed six months, the period for sealing or seizing movable property shall not exceed one year, and the period for returning the socks for sealing up immovable property or freezing other property rights shall not exceed two years. Except as otherwise provided by law or judicial interpretations on hail leakage. 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.

Legal analysis: It takes 7 working days for the seized property to be unsealed, the maximum period of the seized property shall not exceed two years, and the renewal period of the application for extension of the period shall not exceed one year. Where the period for sealing or seizure is delayed or frozen, and the people's court has not completed the extension formalities, the effect of the sealing, seizure, or freezing is extinguished.

Legal basis: "Provisions on the Sealing, Seizure and Freezing of Assets in Civil Enforcement by the People's Courts" Article 29: The period for a people's court to freeze a person's bank deposits and other funds must not exceed six months, the period for sealing or seizing movable property must not exceed one year, and the period for sealing immovable property or freezing other property rights must not exceed two years. Except as otherwise provided by the law 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.