The father owes money, is there a danger that the son s house will be auctioned 20

1.After the father is 100 years old, the son can say that he will not inherit the father's inheritance, so that there is no need to inherit the father's debts. There is no such thing as the repayment of the debt of the father and the son.

2.The house that the son bought by himself is written in his own name and has nothing to do with the father, and even if he has a debt dispute lawsuit with others, the court has no right to seize the house for auction.

3.Writing in the name of the son's wife is of course a safe method. Just if the house was your pre-marital property, be sure that there may be any marital disputes in the future that will be unfavorable to you.

Of course, if the house is bought after your marriage and belongs to the joint property of the husband and wife, then writing the wife's name has the same meaning as your name.

In addition, it is worth noting that if the father has evidence to prove that he paid for the house, for example, he bought it with a bank transfer or a bank loan, there may be a certain risk.

Foolish opinion, look forward to the guidance of the superior.

Your house will not be auctioned.

Article 33 The inheritance of the estate shall pay off the taxes and debts that the decedent shall pay in accordance with the law, and the payment of taxes and debts shall be limited to the actual value of his estate. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs.

Don't worry, there is no danger of being auctioned.

If you don't inherit an inheritance, you don't have to inherit debts.

The borrower is the father, and the son has no necessary obligation to repay, unless the son voluntarily and expressly expresses that he will repay the loan on his behalf. If the house was purchased before the loan and the house is registered in the son's name, it can be considered to be the son's house, and if the other party does not have evidence to prove that the ownership of the house belongs to the father, the son's house cannot be executed in principle.

If the father owes debts, it has no impact on the son's purchase of a house.

If the father owes debts, the father shall bear the responsibility for repayment, which has nothing to do with the son, and there is no legal obligation for the father to repay the debt. As long as there is no problem with the son's credit, he can take out a loan to buy a house. In China's law, there is no father's debt to repay the child's debt, the father's debt will not have an impact on the child's life, and the child does not need to bear the responsibility of repayment, when the child goes to the bank to take a loan to buy a house, the bank will only check the child's credit, will not check the father's credit, as long as the child's credit is not problematic, the bank will agree to the child's loan application, and the child will be able to take out a loan to buy a house; If there is a problem with the credit of the children, they can only buy a house in full.

After the child buys the house, the father's creditors cannot hold the child liable for repayment, and the father can only repay the debt.

Legal basis] Civil Code of the People's Republic of China

Article 675:The borrower shall return the loan within the agreed time limit. If there is no agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the borrower may return it at this time with the bridge; The lender may demand the borrower to return it within a reasonable period of time.

Legal analysis: It mainly depends on whether the creditor can provide evidence to prove that the father's behavior constitutes a malicious transfer of property. The house belongs to the son and has nothing to do with the father's debts, and the creditor cannot claim the property as the father's property.

Legal basis] Civil Code of the People's Republic of China

Article 75: The legal consequences of civil activities engaged in by founders for the purpose of establishing a legal person are borne by the legal person; Where a legal person is not established, the legal consequences shall be borne by the founder, and if there are two or more founders, they shall enjoy joint and several creditor's rights and bear joint and several debts.

The founder is the first to sell the civil liability arising from the establishment of a legal person engaging in civil activities in its own name, and the third party has the right to choose to request the legal person or the founder to bear it.

Article 118:Civil entities enjoy creditor's rights in accordance with law. A creditor's right is the right of the obligee to request a specific obligor to do or not to do a certain act due to contract, tort, management without cause, unjust enrichment and other provisions of the law.

The house that the father bought for his son before he became indebted will not be seized. The details are as follows:

1. The creditor's rights and debts are relatable, the borrower is the father, and the son has no necessary obligation to repay; Nuclear line.

2. If the son voluntarily and clearly states that he will repay the loan on his behalf, he will be deducted;

3. The house was purchased before borrowing money, and the house is registered in the son's name, which can be regarded as the son's house;

4. The other party has no evidence to prove that the ownership of the house belongs to the father, and Qiao Shiyu cannot enforce the son's house in principle.

If the debt is not repaid, the court will deal with it as follows:

1. If the borrowed money is not repaid, and the court finds that the debt does exist after trial, the defendant will generally lose the lawsuit;

2. After the plaintiff wins the lawsuit, if the other party fails to perform the court judgment within the performance period, it may apply to the court for compulsory enforcement;

3. After accepting the compulsory enforcement, the court will inquire about the real estate, vehicles, ** and deposits in the debtor's name in accordance with the law;

4. If the debtor has no property in his name that can be enforced and refuses to perform the effective judgment of the court, there will be negative information such as overdue repayment recorded in the personal credit report and will be restricted from high consumption and entry and exit, and may be subject to judicial detention.

[Legal basis].

Article 674 of the Civil Code of the People's Republic of China The borrower shall pay the interest on the filial piety section in accordance with the agreed time limit. Where there is no agreement on the time limit for the payment of interest or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, and the loan period is less than one year, it shall be paid together with the return of the loan; If the loan period is more than one year, it shall be paid at the end of each year, and if the remaining period is less than one year, it shall be paid together with the return of the loan. Article 675:The borrower shall return the loan within the agreed time limit.

Where there is no agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time. Article 687:Where the parties agree in the guarantee contract that the guarantor shall bear the guarantee liability when the debtor fails to perform the debt, it is a general guarantee.

The guarantor of a general guarantee has the right to refuse to bear the guarantee liability to the creditor before the main contract dispute has not been tried or arbitrated, and the debtor's property is still unable to perform its obligations in accordance with the law, except in any of the following circumstances:

1) The debtor's whereabouts are unknown and there is no property available for enforcement;

2) the people's court has accepted the debtor's bankruptcy case;

3) The creditor has evidence to prove that the debtor's property is insufficient to perform all debts or that it has lost the ability to perform debts;

4) The guarantor waives the rights provided for in this paragraph in writing.

Legal Analysis: The property in the son's name owed by the father in debt will not be auctioned. The father is in debt, and the house is in the son's name, and the Fanada House has no right to seal it up and auction it, and it will never auction it.

The court will not know that the law is broken. Even if the court seals and auctions, his son Sanqing can also raise an objection to enforcement. Among them, auction is a spot transaction method in which the auction house specializing in auction business accepts the entrustment of the owner of the goods, displays the goods to be auctioned to the buyer at a specified time and place, in accordance with certain articles and rules, bids openly, and finally sells the goods to the buyer with the highest bid.

Legal basis: Article 227 of the Civil Procedure Law of the People's Republic of China: Where in 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 review it within 15 days of receiving the written objection, and if the reasons 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.

The property in the son's name will not be auctioned if the father owes a debt. The father owes debts, the house is the name of the child's empty yard, and the court has no right to seize and auction it, and it will never auction it. The court will not know that the law is broken.

Even if the court seals and auctions, the son can raise an objection to enforcement. Among them, auction is a spot transaction method in which the auction house specializing in auction business accepts the entrustment of the owner of the goods, displays the goods to be auctioned to the buyer at a specified time and place, in accordance with certain articles and rules, bids openly, and finally sells the goods to the buyer with the highest bid.

1. Can the court cancel the auction after auctioning the house?

It can be revoked, and the court will suspend the auction if the house is repaid before the auction, and there is no need for auction after the house is repaid before the sale, and the specific situation will be determined. Article 20 of the Provisions of the Supreme People's Court on the Appraisal, Auction and Sale Entrusted by the People's Court: Before the auction begins, if the person subject to enforcement has fully performed the monetary and debt tasks determined in the legal documents, the people's court shall withdraw the auction entrustment.

2. Under what circumstances the court may auction the debtor's property.

When paying off debts, the court may auction off the debtor's idle real estate in accordance with the law. If the debtor is applied for enforcement and its idle property has been seized, and the executor fails to perform its debts within the time limit, the court shall auction the seized property; If the auction is not suitable or both parties agree not to conduct the auction, the court may entrust the relevant unit to sell or sell it on its own.

Article 227 of the Civil Procedure Law of the People's Republic of China: Where in 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 review it within 15 days of receiving the written objection, and if the reasons 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 unrelated to the original judgment or ruling, a lawsuit may be filed with the people's court within 15 days of the ruling being served.