The father was sued for debts, can the property he gave to his daughter at the time of divorce be ke

The father was sued for debts, can the property he gave to his daughter at the time of divorce be kept? It depends on the situation. This is to distinguish between the length of time the father owes debts and the real estate gift to his daughter.

If the debt is owed to the daughter, the real estate belongs to the lady and is not used to repay the debt. If the debt is due to the gift of real estate to the daughter, the debtor (creditor) can consider the right of revocation, stipulate that the gift is invalid, and use the real estate to pay off the debt.

In accordance with the requirements of the Civil Code of the People's Republic of China: Article 538 Where the borrower disposes of the interest in the assets free of charge in the form of abandoning its debts, abandoning the debt loan guarantee, transferring assets free of charge, etc., or deliberately increases the performance period of its due creditor's rights, thereby jeopardizing the completion of the debtor's creditors, the debtor may apply to the court to revoke the borrower's performance.

Applying to the subject's problem, you can also understand that if the father first gives the house to the child, and then there are debts, then you can feel that the assets in the hands of the original father are long gone before the debts are caused. There is no correlation between the liabilities that appear later and the assets that have long been gone.

Thus, the girl can save the house. However, if the father first owes a debt, and then "transfers the assets for free" and gives the house to the child for free, it will already jeopardize the debtor's debt. Therefore, the debtor can apply to the court to revoke the father's gift and use the house to offset the debt.

In such a situation, the girl may not be able to ask for a house.

Whether the people's court can seal the real estate in the name of the father and daughter depends on the status: the real estate is inherited from the father, and the people's court can seal it. The real estate donated by the parents to the children, and the real estate is executed by the application for filing, and the gift is associated with the creation.

It is not easy for the people's courts to seal and investigate. The real estate belongs to the children, and the people's court cannot seal it.

According to the current relevant laws and regulations, generally when the process of court enforcement or application for enforcement is mentioned, the court will likely carry out a sealing of the real estate.

The formalities are as follows: the people's court sends the Notice of Assistance in Enforcement and the attached judgment documents to the land and real estate unit; The case-handling personnel shall provide the work card of the people's court to the land and real estate unit, and apply for the sealing formalities in the following different situations: If the real estate certificate has been issued for the collateral to be sealed, the file inspection form presented by the archives and warehouse of the Land and Housing Management Bureau shall be submitted.

It depends on the situation, if the father gave it to his daughter after owing a debt, and the property cannot be kept, if it is given to his daughter before the debt, then it can be kept.

The father was sued for debts, can the property he gave to his daughter at the time of divorce be kept? This should be analyzed on a case-by-case basis, looking at the time of the father's debt and the time of the divorce to give the daughter real estate.

This depends on which comes first, if it is given first, then the house can be kept, if it is owed first, then the house cannot be kept.

Legal analysis: Whether the parents' arrears can be used to pay off the debts with the house donated to their son depends on the specific circumstances. If the parents' act of donating the house affects the realization of the creditor's creditor's rights, the gift is invalid, and the creditor can exercise the right of revocation and use the donated house to pay off the debt.

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

Article 538:Where the debtor disposes of property rights and interests without compensation by waiving its creditor's rights, waiving the guarantee of creditor's rights, transferring property free of charge, etc., or maliciously extends the time limit for the performance of its due creditor's rights, affecting the realization of the creditor's creditor's rights, the creditor may request the people's court to revoke the debtor's acts.

Article 539:Where the debtor transfers property at an obviously unreasonable low price, transfers the property of another person at an obviously unreasonable price, or provides security for the debts of others, affecting the realization of the creditor's creditor's rights, and the debtor's counterpart knows or should know about the situation, the creditor may request the people's court to revoke the debtor's act.

If the parents give the property to their children, do they need to bear the debts in the future?

Hello, no, parents give property to their children, and their subsequent debts do not need to be borne by their children. As long as the father is alive, the child has no obligation to repay the father's debts, and after the father's death, the child has the obligation to repay the father's debts within the scope of the inheritance. If the father has debts but transfers the house to the children, and the father's gift has infringed on the creditor's claim, the creditor can sue to revoke the father's gift.

The gift is invalid, and the creditor may file a lawsuit for repayment of the debt after applying for property preservation. Analysis of the law of parenting There is no provision for the repayment of father's debts and children's debts, and the children of fathers and daughters can not be repaid, and their personal rights and personal obligations belong to themselves, and they have nothing to do with others. According to modern legal theory, the father and the son are two independent civil subjects, which are not confused due to the existence of a relationship, and the father's debt has nothing to do with his children.

According to the relevant laws and regulations of the state, the inheritance shall repay the debts owed by the deceased during his lifetime, but shall be limited to the actual value of the estate, and the heir shall not be obliged to repay the excess part. In this sense, the debt of the father to the son still has no basis in law. If the child inherits the father's estate, accepts the father's gift, and uses the money borrowed by the father, the child is required to repay the father's debts.

There is no legal basis for the repayment of other father's debts and sons' debts. the father's personal debts, the children are not obligated to repay; If the father has property, it is repaid by the father's property; If the property has already been inherited by the heirs, then the heirs should pay this debt.

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My parents once gave away a house, and my parents divorced. The father is in debt. Children don't need to pay it back!

Legal analysis: children have no obligation to repay debts owed by parents when they divorce, because in our country's legal system, there is no such concept as repayment of debts by fathers and children, and in the same way, when parents divorce, children have no right to participate in the division of property by parents. Debts owed to parents should be repaid through negotiation between the parents.

My parents once gave away a house, and my parents divorced. The father is in debt. Do you want to pay it back to your children?

Hello Hello Hello <>Hello Hello

My parents once gave away a house, and my parents divorced. The father is in debt. Children don't need to pay it back!

Legal analysis: Children have no obligation to repay debts owed by parents when they divorce, because in the legal system of our country, there is no such concept as repayment of debts from fathers and children, and in the same way, when parents divorce, children have no right to participate in the division of property by their parents. Debts owed to parents should be repaid through negotiation between the parents.

The Civil Land Code stipulates that the heir shall pay off the taxes and debts that the decedent shall pay according to the law, and the payment of taxes and debts shall be limited to the actual value of his estate. If the part exceeds the actual value of the estate, the heirs will not repay it voluntarily. If the heir renounces the inheritance, he may not be liable for repaying the taxes and debts that the decedent should pay in accordance with the law.

Parental property is joint with the husband and wife and has no relationship with others. If the parents divorce, it shall be settled through negotiation between the parents or through litigation, and the children shall not have the right to participate in the division whether they are adults or not.

Thank you. The daughter accepted the gift of her father and mother to rent the house in the early days. Later, because his father was involved in gambling and prostitution.

When the parents are divorced. Parents voluntarily divorced the search for spring. My father paid his own debts.

If the father died. Does the daughter want to help her father pay off her debts?

No, you don't.

My parents once gave away a house, and my parents divorced. The father is in debt. Do you want to pay it back to your children?

Dear, I am glad to answer for you: the debts owed by the parents in the divorce should be paid by the parents. After the divorce of the father and the mother, the children do not have to bear the debts of their parents.

As a person with full capacity for civil conduct, the debts of the parents need to be borne by the parties themselves. Unless the children have inherited their father's estate and have also inherited their father's debts, they are obliged to pay back those debts.

My parents once gave away a house, and my parents divorced. The father is in debt. Do you want to pay it back to your children?

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According to the relevant provisions of the Chinese Civil Law, the property right of the parents to donate the house to the children belongs to the personal property of the children, and after the divorce of the parents, the property should be divided according to the legal inheritance order, so the father's debts should not be borne by the children. However, if the child signs a gift agreement or the house title certificate records the father's debts when the parents donate the house, then the child may be held partially liable when the father's debt is recovered. Therefore, it is necessary to determine whether the debt needs to be repaid according to the specific content of the gift agreement and the house ownership certificate.

Legal basis: According to the relevant provisions of Section 1 of Chapter 7 of Part 1 of the Civil Code of the People's Republic of China, if parents donate property to their children, the donor's ownership of the donated property shall be transferred immediately, and the donor shall not change or revoke the gift. The property is the personal property of the donee and is not the joint property of the husband and wife unless otherwise agreed or otherwise provided by law.

In addition, according to Article 35 of the Inheritance Law of the People's Republic of China, after divorce, property shall be divided in accordance with the legal order of succession in accordance with the law. Therefore, children should not be liable for their father's debts after their parents divorce. However, if the father's debts are recorded in the gift agreement or the title deed, the children will be held partially liable.