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Under what circumstances can the property be frozenPersonal property is personal property, but sometimes the court can freeze the property.
1. What is a court freeze on property?
The freezing of real estate by the court is a property preservation procedure in civil proceedings. Property preservation is also called litigation preservation. It refers to the protective measures taken by the court ex officio to prevent the parties (defendants) from transferring, concealing, or selling the property before making a judgment, so as to ensure that the judgment can be smoothly enforced after it takes effect in the future.
Specific measures generally include sealing, seizure, and freezing. Property preservation is generally applied for by the parties (plaintiffs), and the people's court is to review and decide whether to adopt property preservation measures. If the parties (plaintiffs) have not filed an application, but the disputed property may be damaged, lost or otherwise in danger, the court may take preservation measures ex officio.
2. What are the procedures for freezing real estate?
The freezing of the property is either mortgaged with the consent of the owner, or the court is requested to seize the case after the case is filed. If the demolition is frozen, the relevant personnel will tell you. The proposed freezing may be submitted to the real estate management department and the land management department in writing, so that others can go to the relevant departments to go through the transfer procedures with the relevant materials of the court.
Under normal circumstances, personal real estate is not frozen, and even if it is frozen, it can be unfrozen.
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It is not the house itself that is frozen, but the transaction of the house, and the house can still be used. A coercive measure used by a court or other state administrative organ in the exercise of power. Seizure is also an administrative means of dealing with it, but it is a closed door, not to use the house, and not to trade.
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Summary. The personal debts of one of the men and women before the marriage, as well as debts incurred by one of the spouses after the marriage and not related to the common life, shall be paid off by the person himself.
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There are two ways to freeze the property: mortgage with the consent of the owner; After the case is filed, the court is requested to seal it.
In both cases, the property can be frozen.
Hello, I would like to inquire, the husband and wife have not repaid the loan in Ping An Puhui, and the other party does not know about their online loan, will the other party play for him?
The personal debts of one of the men and women before the marriage, as well as debts incurred by one of the spouses after the marriage and not related to the common life, shall be paid off by the person himself.
The real estate certificate is in the wife's name, and the mortgage is repaid by the wife every month, will the court freeze the property because the husband owes the online loan?
Yes, if the court is unable to enforce the property, it will enforce the joint property of the husband and wife.
So how can you not be frozen? Husbands and wives have not been in contact for more than ten years, and the children are also borne by the wife, and the husband has an online loan, and the wife doesn't know about it.
It is recommended that you go for a divorce, and sue for divorce if the agreement is not fulfilled, otherwise the joint property of the husband and wife will be enforced.
And her husband has been out of trouble for 2 years.
It is recommended that you go straight to the divorce lawsuit.
But now that the court is going to freeze in the past two days, what should I do?
You should go to the court as soon as possible to file a lawsuit against the enforcement of the case by an outsider.
At the same time, sue for divorce.
It is recommended that you appoint a lawyer, the case is more urgent and troublesome.
Looking for a local court? I have to go to work every day, make ends meet, and return the house, so I don't have the energy to toss the online company to sue? `
It is recommended that you find a lawyer and entrust it to the lawyer.
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Legal analysis: The conditions for freezing the house are: 1. There are two ways to freeze the property:
Mortgage with the consent of the owner; After the case is filed, the court is requested to seal it. 2. If the demolition is frozen, relevant personnel will inform you. 3. Freezing may submit a written application to the real estate management department and the land management department, so that others can go to the relevant departments to go through the transfer procedures with the relevant materials of the court.
4. Under normal circumstances, personal real estate will not be frozen, and even if it is frozen, it can be unfrozen.
Legal basis: Provisions of the Supreme People's Court on the Sealing, Seizure, and Freezing of Assets in the Enforcement of Civil Matters by the People's Courts Article 9: Where immovable property is sealed, the people's courts shall post seals or announcements, and may extract and preserve relevant property rights certificates. The sealing, seizure, or freezing of registered immovable property, specific movable property, and other property rights shall notify the relevant registration authorities to go through registration formalities.
Where registration formalities have not been completed, they must not resist other acts of sealing, seizure, or freezing that have already gone through the registration formalities.
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