What are the ways to enforce property after divorce

The common methods and means of compulsory enforcement in cases by the people's courts in China are as follows:

1. Inquiry, freeze and transfer the deposit of the person subject to the application for execution.

2. Withhold and withdraw the income of the person subject to the application for execution.

3. Sealing, seizing, auctioning, or selling the property of the person subject to the application for enforcement.

4. Search the property hidden by the person subject to the application for execution.

5. Compel the person subject to the application for enforcement to deliver the property or documents specified in the legal documents.

6. Forcing the person subject to enforcement to move out of the house or withdraw from the land.

7. Enforce the acts specified in legal documents.

8. Mandatory doubling of the payment of interest on the debt during the period of deferred performance and the payment of deferred performance penalty.

9. Compulsory handling of the relevant property rights certificate transfer procedures.

Article 1059 of the Civil Code of the People's Republic of China provides that husbands and wives have the obligation to support each other.

The party in need of maintenance has the right to demand maintenance from the other party if the other party fails to perform the maintenance obligation.

The means of enforcing divorce property include inquiry, freezing, and transferring the deposit of the person subject to the application for enforcement; withholding and withdrawing the income of the person subject to the application for enforcement; sealing, seizing, auctioning, or selling the property of the person subject to the application for enforcement; and means such as searching the hidden property of the person subject to the application for enforcement.

Legal basis: Article 243 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 withhold and withdraw the part of the income that the person subject to enforcement shall perform the obligations. However, the necessary living expenses of the person subject to enforcement and the family members he or she supports shall be retained. When a people's court withholds or withdraws income, it shall make a ruling and issue a notice of assistance in enforcement, which must be handled by the unit to which the person subject to enforcement, banks, credit cooperatives, and other units with savings operations belong.

Article 244 of the Civil Procedure Law.

Where 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 seal, seize, freeze, auction, or sell the part of the property that the person subject to enforcement shall perform the obligations of. However, the necessities of life for the person subject to enforcement and the family members they support shall be retained. The people's court shall make a ruling on the adoption of the measures in the preceding paragraph.

1. What are the methods of compulsory enforcement of divorce propertyThe common methods and means of compulsory enforcement in cases of the people's courts in China are as follows: 1. Inquiry, freezing, and transferring the deposit of the person subject to the application for enforcement. 2. Withhold and withdraw the income of the person subject to the application for execution.

3. Sealing, seizing, auctioning, or selling the property of the person subject to the application for enforcement. 4. Search the property hidden by the person subject to the application for execution.

1. How to apply for compulsory enforcement of divorce property in the Civil Code After the divorce of the husband and wife, if one party does not perform the provisions of the divorce agreement, he can file a lawsuit with the court, and if he still does not enforce the judgment of the court, the applicant can apply to the people's court for compulsory enforcement, and the time limit for applying for compulsory enforcement is 2 years. Article 236 of the Civil Procedure Law of the People's Republic of China: Methods for the commencement of enforcement.

The usual methods and means of enforcement by the court in the case of property division in divorce are as follows:

1. Inquiry, freeze and transfer the deposit of the person subject to the application for execution.

2. Withhold and withdraw the income of the person subject to the application for execution.

3. Sealing, seizing, auctioning, or selling the property of the person subject to the application for enforcement.

4. Search the property hidden by the person subject to the application for execution. 5. Compel the person subject to the application for enforcement to deliver the property or documents specified in the legal documents.

6. Forcing the person subject to enforcement to move out of the house or withdraw from the land.

Legal basis: Article 224 of Chapter 19 of the Civil Procedure Law of the People's Republic of China stipulates that legally effective civil judgments and rulings, as well as the property portion of criminal judgments and rulings, shall be enforced by the people's court of first instance or the people's court at the same level as the people's court of first instance where the property subject to enforcement is located. Other legal documents that are to be enforced by the people's courts as provided by law are to be enforced by the people's court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located.

The easiest way to answer for you is to solve the problem according to your own way and method, to give reasonable answers, and you have clear questions to ask questions about the relevant content is not in a reasonable way to ask you to answer.

An application for compulsory enforcement of divorce property must first be filed with the people's court, and after the people's court makes a judgment, the people's court may divide and dispose of the joint property of the husband and wife ex officio. If the court refuses to perform after entering the enforcement procedure, the people's court may enter the compulsory enforcement procedure ex officio.

[Legal basis].Article 236 of the "Civil Procedure Law of the People's Republic of China" provides that the parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement.

The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts. If one party refuses to perform, the other party may apply to the people's court for enforcement.

If one party fails to perform the property division agreement after the divorce of the husband and wife, he or she may file a lawsuit with the people's court, and after the people's court makes a judgment, the other party shall perform the court judgment, and if one party fails to perform, the other party may apply to the people's court for compulsory enforcement.

Where parties or interested parties feel that the enforcement act violates legal provisions, they may submit a written objection to the people's court with remorse and responsibility for enforcement. Where parties or interested parties submit written objections, the people's courts shall review them within 15 days of receiving the written objections, and where the grounds are sustained, rule to revoke or correct them; where the reasons are not sustained, a ruling is to reject it.

Where parties or interested parties are dissatisfied with the ruling, they may apply to the people's court at the level above for reconsideration within 10 days of the date on which the ruling is served. Where the people's court has not enforced the application for enforcement for more than six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the people's court at the level above for enforcement. Upon review, the people's court at the level above may order the original people's court to enforce within a set period of time, and may also decide that the court to enforce it or order another people's court to enforce it.

Where, during the course of enforcement, a person not involved in the case raises a written objection to the subject matter of enforcement, the people's court shall, within 15 days from the date of receipt of the written objection, conduct an internal trial and conduct a preliminary investigation, and if the grounds are sustained, rule to suspend enforcement of the subject matter; where the reasons are not sustained, a ruling is to reject it. Where persons not involved in the case or parties are dissatisfied with the ruling and feel that the original judgment or ruling was in error, it is to be handled in accordance with the trial supervision procedures; and where it is not related to the original judgment or ruling, a lawsuit may be filed with the people's court within 15 days of the date on which the ruling is served.

When the executor receives the application for execution or the transfer of the execution letter, he shall issue an enforcement notice to the person subject to enforcement and order him to perform within the specified period, and if he fails to perform within the time limit, he shall enforce it. Where the person subject to enforcement does not perform the obligations set forth in the legal documents, and there is a possibility that assets may be concealed or transferred, the enforcement officer may immediately take compulsory enforcement measures.

When compulsory enforcement measures are taken, the enforcement officer shall present his or her certificate. After enforcement is completed, a record shall be made of the execution and signed or sealed by the relevant persons present. The enforcing court may take the following measures to enforce it:

inquiry, freezing, and transferring the deposit of the person subject to the application for enforcement; withholding and withdrawing the income of the person subject to the application for enforcement; sealing, seizing, auctioning, or selling the property of the person subject to the application for enforcement; Search the property concealed by the person subject to the application for enforcement; Measures such as compel the person subject to the application for enforcement to deliver the property or documents specified in the legal documents.

Legal Analysis: Divorce Property Can Be Enforced. If the court has already made a judgment on the distribution of property after the divorce, but one party does not enforce it, the other party may apply to the court for enforcement.

If the divorce is registered, since the divorce agreement is not the object of compulsory enforcement by the court, it is necessary to sue the court to confirm the agreement, and only when the court knows that the validity of the agreement has been confirmed, can it apply for enforcement.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 252: Where the person subject to enforcement fails to perform in accordance with the enforcement notice for judgments, rulings, and other acts specified in legal documents, the people's court may enforce it or entrust the relevant unit or other person to complete it, and the costs shall be borne by the person subject to enforcement.

Legal Analysis: Yes, the court will take coercive measures to ensure that the court judgment is implemented in place. When the executor receives an application for execution or a transfer of the written execution of the application, he shall issue an enforcement notice to the person subject to enforcement, ordering him to perform within the specified period of crudeness, and if he fails to perform within the time limit, he shall enforce it.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 242:Where 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 assets of the person subject to enforcement, such as deposits, bonds, and shares. 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.

When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.

Article 244:Where 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 seal, seize, freeze, auction, or sell the part of the property that the person subject to enforcement shall perform the obligations of. However, the necessities of life for the person subject to enforcement and the family members they support shall be retained. The people's court shall make a ruling on the adoption of the measures in the preceding paragraph.