Now divorced and without a house, my ex husband has debts, will the real estate donated by my parent

1. Divorced and without a house, the ex-husband has debts, if this is a debt incurred during the marriage, in principle, it will be treated as a joint debt of the husband and wife.

2. If the woman's parents donate the property at this time, the creditor has the right to sue the husband and wife for the repayment of the debt, and once the creditor wins the lawsuit, the real estate donated by the parents will be included in the scope of enforcement;

3. Legal basis:

1) Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II) Article 24 Where a creditor claims rights in respect of a debt incurred by one of the husband and wife in his or her own name during the existence of the marital relationship, it shall be treated as a joint debt of the husband and wife. However, one of the husband and wife can prove that the creditor and the debtor have expressly agreed that it is a personal debt, or can prove that it falls under the circumstances provided for in paragraph 3 of article 19 of the Marriage Law.

2) Article 19 of the Marriage Law [Agreement on Marital Property] Husband and wife may stipulate that the property acquired during the marriage relationship and the property before marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts shall be paid off with the property owned by the husband or the wife.

How so? Aren't you divorced? If you get divorced, you don't owe each other.

If you have held the house for five years and it is your only personal house, you can be exempted from 20% of the individual income tax on the difference.

Sales tax is also exempt.

Pay the assessment fee of 6/1000.

Stamp duty 5/10,000.

The handling fee is a few hundred dollars.

Deed tax, the buyer buys a house for the first time, 1% below 90 square meters, and if the buyer has 2 sets of **, the deed tax below 90 square meters, and the deed tax above 90 square meters is 2%.

In addition to the normal property taxes, the donated property** is also subject to personal income tax.

It depends on whether the property right is yours now, and if it is yours, you don't need anything, just a transfer of ownership.

You need to transfer the house under your name, so that you can ** the house;

Your former Naiyuan Dongfu gave you a house, although it was notarized, but if he revoked the gift, the house still does not belong to you.

After notarization, you can apply for a change in the property owner, and the change will not be affected in **.

Since the divorce agreement states that the house belongs to the daughter, this is the true intention of the original husband and wife, and it is legal and valid. Moreover, for the minor daughter at the time, it was the basis for obtaining a gift of real estate from her parents.

At present, if the daughter is an adult, she can refuse her father's request to sell the house. If the negotiation with his father fails, and the property has not been transferred, according to the divorce agreement, bring the family relationship certificate, ID card, real estate certificate and other materials, first go to the inheritance of the property notarization, and then go to the real estate transaction center to go through the transfer procedures, transfer the property rights to the daughter's name, no one can sell the house without authorization.

It can be stopped, and the two parties should negotiate the sale of the house, and if the negotiation fails, it can be resolved through legal means.

I still think that it can be stopped, and the two parties should negotiate the sale of the house, and if the negotiation fails, it can be resolved through legal means.

No, because the head of the household is not your child yet.

Personal property belonging to his father is not entitled to be disposed of by the parties in the event of divorce. According to Article 17 of the Marriage Law, the following property acquired by the husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife

1) Wages and bonuses.

2) Income from production and operation.

3) Proceeds from intellectual property rights.

4) Property obtained by inheritance or gift, except for property that is determined in the will or gift contract to belong to only one of the husband or wife.

Article 11 of Interpretation 2 of the Marriage Law stipulates that the following property during the existence of the marriage relationship shall be the joint property of the husband and wife.

1) Income obtained by one party from the investment of personal property.

2) Housing subsidies and housing provident funds that both men and women actually obtain or should obtain;

3) Pension insurance funds and bankruptcy resettlement compensation that both men and women have actually obtained or should have obtained.

Article 22 of Interpretation II of the Marriage Law;

1) Before the parties get married, the parents contributed to the purchase of a house for both parties, and it is clearly stated that the gift to both parties is the joint property of the husband and wife.

2) After the parties get married, if the parents contribute to the purchase of a house for both parties, it is the joint property of the husband and wife.

Article 5 of Interpretation 3 of the Marriage Law stipulates that the income generated by the personal property of one of the husband and wife after marriage shall belong to the joint property of the husband and wife, except for the fruits and self-recognition of appreciation.

You must go to the notary or go to the housing authority to change the name of the head of household.

It shouldn't be there, it's better to change the real estate certificate directly.

Regardless of whether you divorce or not, the debts owed by your husband during the marriage relationship will still be paid by you. You can't sue your husband now, you can only wait for someone else to sue your husband, and then you have the opportunity to declare that he runs a business that you don't know, that your name is signed by him and has nothing to do with you, and the shares have nothing to do with you. Now it is not suitable for you to buy a house, you should wait until he has settled the debts of the business, otherwise, the court may seize the house you bought on the grounds that the debt is a joint debt of your husband and wife.

In addition, I would like to advise you that it is best not to use your own name for your deposit, but to use your parents' names to avoid lawsuits and the court to seize your account.

If it is a personal debt during the marriage, the creditor can claim against you, but the company debt does not have the right to claim against you.

If the transfer of ownership is carried out by gift, and the real estate certificate is in the name of the child, then the property right of the house is transferred. Property that is legally owned by the child.

After the gift, debts arise, and the creditor has no right to claim that the house is frozen and preserved to pay off the debt.

If the debt occurs before the gift, and the gift significantly weakens the debtor's ability to repay the debt, harming the creditor's rights and interests, the creditor can exercise the right of revocation.