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Yes, but you must provide valid evidence to the court before the court can enforce it.
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Well, if the debtor sues and sues the court to let the court seize the new house in the city, the law will enforce the seizure of the new house in the city, and the court will auction the new house in the city to repay the debt after the judgment.
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As long as it is determined that it is an asset in the name of the debtor, it can be sealed or even auctioned. Whether it's urban or rural, it's about market capitalization.
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Depending on how much the cousin who owes money speaks, the house can be seized. However, it must be prosecuted by the court, and the court will carry out the sealing formalities. You will also have to pay a security deposit before the property is seized. Ensure that the debt claims you are suing are genuine.
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Yes, the court will seize and auction the new house, so you have to think twice before you do anything.
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Yes, mainly in his name.
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The recovery of the arrears mainly depends on whether the collateral is or not. If he mortgages the house, then of course you can ask for it, if the mortgage is not available, then even if you sue for enforcement, you will only be in arrears.
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It is advisable to sue the other party as soon as possible, and at the same time, ask the court to carry out pre-litigation property preservation, that is, ask the court to freeze the person's property when the complaint is filed, so that the money can be obtained immediately after winning the lawsuit. This will also prevent the other party from hiding their assets.
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This depends on how the court decides, and it is another matter to say that the execution of the judgment is completed, so it is recommended to consult a professional lawyer, which is very complicated and cannot be explained here.
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You need to state the specific problem in detail.
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It is joint property.
As long as it is bought after marriage, it is the joint property of the husband and wife, unless he has made a special notarization of the ownership of the real estate of the house he bought, otherwise it belongs to the joint property of the husband and wife.
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The following points are for reference only:
1. If the property right is the personal property of the man, the contract is valid and shall be performed in accordance with the contract; Now the seller repents and shall return the money received and compensate for the loss, which shall not exceed the actual loss, or compensate 20% of the price for liquidated damages. The contract stipulates that the return of double the price is illegal, and the clause is invalid, and 20% of the total amount of the subject matter of the contract shall be borne in accordance with the law.
2. If the object is not a husband and wife, repentance is invalid.
3. If the property right is the joint property of both parties, one party transfers it, and the other party has priority.
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Generally, the house bought after marriage should be the joint property of the husband and wife in principle. However, because the house was bought by the man's parents, it depends on whether the man's parents bought the house as a gift to the man, and if so, it belongs to the man's personal property.
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1. Law: Law of the People's Republic of China on the Management of Urban Real Estate
2. Administrative regulations: Regulations on the Management of Urban Real Estate Development and Operation
3. Judicial interpretations: The Supreme People's Court issued the "Guiding Opinions on Further Improving the Trial of Real Estate Dispute Cases under the Current Situation", the "Notice of the Supreme People's Court, the Ministry of Land and Resources, and the Ministry of Construction on Several Issues Concerning the Regulation of the Enforcement by the People's Courts and the Assistance of the Land and Resources and Real Estate Management Departments in Enforcement", and the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Disputes over Commercial Housing Sales Contracts".
4. Departmental regulations: "Emergency Notice of the Ministry of Land and Resources and the Ministry of Housing and Urban-Rural Development on Further Tightening the Management of Real Estate Land and Consolidating the Achievements of Real Estate Market Regulation", Announcement No. 1307 of the Ministry of Housing and Urban-Rural Development on the issuance of the industry standard "Technical Regulations for Real Estate Registration", "Measures for the Administration of Real Estate Brokerage", "Announcement of the State Administration of Taxation [2010] No. 29 on the Issues Concerning the Treatment of Enterprise Income Tax before the Cancellation of Real Estate Development Enterprises" Notice of the Ministry of Housing and Urban-Rural Development on Further Strengthening the Supervision of the Real Estate Market and Improving the Pre-sale System of Commercial Housing".
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The General Principles of the Civil Law, the Contract Law, the Urban Real Estate Management Law, the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts, and the local regulations of the Measures for the Administration of Real Estate Transactions promulgated by various localities, etc. Real estate sales regulations refer to a series of laws and regulations involved in the process of real estate sales, including the Contract Law, the Property Law, pre-sale regulations, and local pre-sale policies on commercial housing.
Extended Content:1Introduction to real estate laws and regulations.
There are dozens of real estate laws and regulations promulgated by the state that are currently in force, generally based on the Urban Real Estate Management Law, the Land Management Law, the Property Law, the Regulations for the Implementation of the Land Management Law of the People's Republic of China, the Construction Law of the People's Republic of China, the Urban Planning Law of the People's Republic of China, and the Contract Law of the People's Republic of China.
2.Real estate advertising legal provisions.
At present, the laws and regulations related to real estate advertising mainly include the Advertising Law of the People's Republic of China, the Interim Provisions on the Publication of Real Estate Advertisements (hereinafter referred to as the "Advertising Provisions") and some provisions of the Administrative Measures for the Sales of Commercial Housing, among which the Provisions on Advertising Publication are more targeted and instructive. The promulgation and implementation of these laws and regulations have played a very important role in regulating China's real estate advertising and even the real estate market, but some of the provisions are either relatively broad and less operable when formulated, or they have lagged behind with the changes in the market and need to be refined and improved.
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What about your real estate laws and regulations, you can check it on the official website.
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In terms of real estate, China's laws and regulations are also clear, and the real estate is also subject to property rights and intellectual property rights.
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Hello: Generally based on the "Urban Real Estate Management Law", "Land Management Law", "Property Law", "Regulations on the Implementation of the Land Management Law of the People's Republic of China", "Construction Law of the People's Republic of China", "Urban Planning Law of the People's Republic of China" and "Contract Law of the People's Republic of China", including the "Regulations on the Management of Urban Real Estate Development", "Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights", "Provisions on the Transfer of State-owned Land Use Rights by Bidding, Auction and Listing", "Regulations on the Transfer of State-owned Land Use Rights by Bidding, Auction and Listing", "Regulations on the Transfer of State-owned Land Use Rights", "Regulations on the Transfer of State-owned Land Use Rights by Bidding, Auction and Listing", "Regulations on the Transfer of State-owned Land Use Rights by Bidding, Auction and Listing", "Regulations on Interim Measures for the Administration of Foreign-Invested Development and Operation of Parcels of Land", Regulations on the Quality Management of Construction Projects, Regulations on the Management of Resources of Real Estate Development Enterprises, Several Opinions of the Ministry of Construction on Strengthening the Quality Management of Residential Projects, Measures for the Quality Warranty of Housing Construction Projects, Interim Provisions on the Publication of Real Estate Advertisements, Notice of the State Administration for Industry and Commerce and the Ministry of Construction on Further Strengthening the Administration of Real Estate Advertising, Reply of the Supreme People's Court on the Issue of the Priority Right to Compensation of Construction Project Prices, etc. It mainly involves the real estate ownership system, the legal system of construction land, the legal system of real estate development, the urban and rural planning and construction management system, the legal system of real estate transactions, the legal system of real estate registration, the legal system of real estate intermediary services, the legal system of real estate demolition, the legal system of property management and the real estate tax system.
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There is also one of the most basic, the General Principles of the Civil Law
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The Property Law stipulates that if a party signs a right to buy or sell a house or other immovable property, it may apply to the registration authority for advance notice registration in accordance with the agreement in order to ensure the realization of the real right in the future. If, after the advance notice is registered, the immovable property is disposed of without the consent of the right holder of the advance notice registration, the real right shall not take effect.
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Laws: Urban and Rural Planning Law, Urban Real Estate Management Law, Land Management Law, Property Law;
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Laws: Urban and Rural Planning Law, Urban Real Estate Management Law, Land Management Law, Property Law;
Administrative regulations: Regulations on the Management of Urban Real Estate Development and Operation;
Departmental rules: "Measures for the Administration of Urban Real Estate Mortgages", "Regulations on the Publication of Real Estate Advertisements", "Regulations on the Administration of Qualifications of Real Estate Development Enterprises", "Measures for Housing Registration";
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Generally, it is based on the Urban Real Estate Management Law, the Land Management Law, the Property Law, the Regulations for the Implementation of the Land Management Law of the People's Republic of China, the Construction Law of the People's Republic of China, the Urban Planning Law of the People's Republic of China, and the Contract Law of the People's Republic of China, including the Regulations on the Management of Urban Real Estate Development, the Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights, the Provisions on the Transfer of State-owned Land Use Rights by Bidding, Auction and Listing, and the Regulations on the Transfer of State-owned Land Use Rights. Interim Measures for the Administration of Foreign-Invested Development and Operation of Parcels of Land", Regulations on the Quality Management of Construction Projects, Regulations on the Management of Resources of Real Estate Development Enterprises, Several Opinions of the Ministry of Construction on Strengthening the Quality Management of Residential Projects, Measures for the Quality Warranty of Housing Construction Projects, Interim Provisions on the Publication of Real Estate Advertisements, Notice of the State Administration for Industry and Commerce and the Ministry of Construction on Further Strengthening the Administration of Real Estate Advertising, Reply of the Supreme People's Court on the Issue of the Priority Right to Compensation of Construction Project Prices, etc. It mainly involves the real estate ownership system, the legal system of construction land, the legal system of real estate development, the urban and rural planning and construction management system, the legal system of real estate transactions, the legal system of real estate registration, the legal system of real estate intermediary services, the legal system of real estate demolition, the legal system of property management and the real estate tax system.
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1. The key question is who is the owner of the disputed property? In other words, who is the owner registered on the title deed?
2. If it is your grandmother, then, the disputed property belongs to the inheritance, your father, your aunt, and uncle are all legal heirs, and in the case of your grandmother's lack of will, the disputed property should be inherited by them 25% each.
3. If it is registered in someone else's name, then it is not an inheritance;
4. If your aunt sues, even if you don't sell the house, the court will order your family and uncle to compensate your aunt; It is suggested that the maintenance of the grandmother and the improvement of the house can be presented as evidence of the multiple inheritances.
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1. This house now belongs to your grandmother's inheritance, that is, now it belongs to your father, uncle, aunt, and second aunt, and this house cannot be sold without the joint consent of the four people.
2. This house is your grandmother's inheritance, and the specific distribution of the inheritance needs to be negotiated between you or decided by the court.
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Your aunts have the right to claim a division of the inheritance.
If your father and uncle can't compensate them financially, they can only sell the property and divide the money.
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Citizens' lawful property is protected by law, which is clearly stipulated in the Constitution and the law, you can find a clear defendant, that is, whether it is an individual or a unit that has eradicated your house, if they have committed the above acts without a clear legal basis and reason, you can sue them to the court to claim compensation for your property loss. There is a proverb: "The wind can enter, the rain can enter, but the king cannot enter", which is what it means, even if you are the king, you are not allowed to enter my private property without my consent, let alone someone who has been inexplicably eradicated, I suggest you sue.
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Supplement: 1. Bring your real estate certificate to report to the public security where the property is located, as soon as possible.
2. After the public security has completed the investigation of the scene, keep the scene or audio and video, and ask the relevant agencies to assess the loss.
3. After the case is filed by the public security, a request for compensation may be filed with the public security or the procuratorate or court for attached civil litigation.
1. If it is a legitimate citizen's personal house that is demolished: suspected of the crime of intentional destruction of property, the person who shovels the house should be investigated for criminal liability (intentional destruction of property) and civil liability (compensation for the loss of your home).
2. "How should the criminal law be prosecuted?" ”:
1) Report the case to the public security and request that the case be filed for investigation. After the public security investigation, it will be handed over to the procuratorate for prosecution and the court will hear and make a judgment.
2) While the public prosecutor and law are pursuing the criminal responsibility of the other party: your family can file an attached civil lawsuit for compensation, including all the losses caused by the shoveling of the house.
3. If the house has completed the procedures, but has been confirmed as an illegal building by the relevant administrative units (such as the Construction Committee or the Rules Bureau, the Land Bureau, the Water Affairs Bureau, etc.), after the house is demolished, you can file an administrative lawsuit to sue the unit that approved the building procedures for your family.
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If the other party is intentional, its act constitutes the crime of intentional damage to public or private property. If it is negligent, although it does not bear criminal liability, it should bear the corresponding civil liability. __
Reference to the Penal Code
Article 275: [Crime of Intentional Destruction of Property] Whoever intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, is to be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine; where the amount is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.
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