Without money to compensate, will the only house be frozen? Under what circumstances it can be thawe

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

Article 6: The people's courts may seal up residential houses necessary for the livelihood of the person subject to enforcement and the family members they support, but must not auction, sell, or redeem debts.

Therefore, you only have one house in your family, and the court can only seal it, not auction it, and you can still live in it, but it cannot be transferred.

If it is sealed, it can only be unsealed after repaying the money or providing other property guarantees.

Hello. According to the law, even if it is executed, the necessary living conditions must be reserved for the person subject to enforcement and his dependents. If you only have this house and do not have any other habitable housing (including but not limited to public housing and rental housing), generally speaking, the court will not enforce all of your only house, and if the value of your house is much greater than 900,000 yuan, you may replace it with a small area and a low-value house, and repay the creditor with the difference price.

Seizure, if a considerable amount of security can be provided, can be unsealed. If there is no money to repay, the enforcement will be suspended, and when there is money to be repaid, the enforcement applicant can apply for enforcement at any time.

It's going to be confiscated, but it won't get you on the road, rest assured!

Is the house your husband and wife's joint property?

How was the $900,000 compensation caused?

Did he subsidize his family's living expenses while he was working outside?

Do the math how much it will cost you to renovate your home

Many people are now buying a house because of economic problems, so they can only choose to take out a loan to buy a house, but on the way to buy a house with a loan, it is possible that they will not be able to repay the loan on time due to personal economic reasons, if they do not repay the loan on time for more than three months, then the bank will apply to the court for seizure and freezing, so can the house continue to live after the house is frozen? Today, I will explain to you about this knowledge.

1. Can I still live in the house if it is frozen?

After the house is frozen by the court, it is possible to continue to live in it, but not for a long time. The purpose of the court to freeze the house is not to prevent the occupants from living in it, but to prevent the occupants from selling or renting out the house during the period of seizure.

2. How to unfreeze the house.

The relevant amount owed to the lending institution is paid in full, after which the lending institution will present the unfreezing certificate, and then the local court department will release the freezing documents.

3. Is the freezing of a house the same thing as the seizure of a house?

Freezing and seizure are not the same thing, the difference between them is still relatively large, seizure means that the door of the house is affixed with the court's seizure note, the owner of the property right can not live in the house, can not put the house to the outside **; The freeze means that the occupant can still live in the house for a certain period of time, but the occupant is also not allowed to sell the house to the outside world.

4. What to do after the house is frozen.

The first thing to find out is why the house was frozen; Secondly, according to the reason for the frozen, come up with a corresponding policy, for example, if it is caused by the default of the loan, then it is necessary to pay off the arrears of the loan amount in full as soon as possible, and then ask the bank to apply to the legal department to unfreeze.

5. How long does it take for the house to be unfrozen?

Under normal circumstances, it should not be more than 30 days from freezing to the end of the case, so as to apply for unfreezing to freeze the person, it is necessary to pay off the arrears as soon as possible.

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Real estate seizure refers to the seizure of the real estate in the name of the defendant through judicial channels in the course of litigation when the plaintiff in the case submits an application for seizure. After the seizure was enforced, the defendant could still live in the house, but the house could not be transferred, which meant that the rights to the house were restricted, and the gift could not be transferred or given to others.

The house seized by the court is a normal habitation at home. However, while the property is being seized, the owner cannot buy, sell, transfer, mortgage or lease the property. The head of the house seized by the court is a hole, and the home can be lived in normally.

If the house is sealed, it is only that the house cannot be sold, transferred, mortgaged, or leased during the validity period of the seizure, and the purpose is to prevent the property owner from transferring assets and evading legal responsibility, but it can still be lived in normally.

How to unseal a property seized by the court? The court seals the real estate and unseals it in the following ways: after the debtor repays the debt, it applies to the people's court to lift the seizure; The debtor may provide other property to the people's court as security.

In addition, if the parties believe that the seizure is wrong, they can apply for an opposition.

Houses can be seized by the court several times. The people's court's seizure of real estate shall be based on the subject matter of the litigation and enforcement of the case

1. Where the number and location of real estate are clearly recorded on the basis of enforcement, the actual number and location of the seized property shall be commensurate with it;

2. If the location can be determined, the specific location and quantity of the seized real estate shall be indicated on the notice of assistance in enforcement;

3. For indivisible real estate, it shall be sealed as a whole, but the specific value of the seized real estate shall be clearly stated on the notice of assistance in enforcement.

Legal basis]:

Article 6 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: The people's courts may seal up the residential houses necessary for the livelihood of the person subject to enforcement and the family members they support, but they must not auction, sell, or redeem debts.

Once the judgment takes effect, the house frozen by the court will be forced to be auctioned, and the seizure will not be lifted forever. Because the purpose of the seizure is not the purpose, the purpose of the seizure is to auction and to ensure the smooth execution of the judgment.

Article 242 of the Civil Procedure Law: If the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, **, **shares, etc. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances. People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform.

The period for which a people's court freezes 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 handle 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 time limit provided for in the preceding paragraph.

If there are other disputes, you can wait for the seizure.

1. First, check the reason for being frozen.

2. If it is due to the failure of the individual to execute the effective judgment, it is necessary to contact the enforcement division of the court to communicate the ways and means of enforcing the effective judgment.

3. If there is no other repayment method and no other property, it is possible that the other party will apply for the auction of the frozen property in the future to obtain the execution money, and the remaining money will be returned to the parties.