How to deal with the only housing in civil compulsory law enforcement?

The only house cannot be auctioned, which is the basic bottom line to ensure people's livelihood. Anyway. The right to live is greater than everything, as a lender, you can't do anything for profit, after all, borrowing money is the same as investing.

The only house of the party's family is enforced, and there is a three-month grace period, and the party can raise funds to pay off the debt and get the house back. Or take the 5-8 years of rent given by the creditor and rent a house in other areas to live. In the enforcement of monetary claims, if the person subject to enforcement raises an objection on the ground that the subject matter of enforcement is the residential house necessary for him and his dependents, the people's court will not support it

The person who has an obligation to support the person subject to enforcement has other residential houses in his name that can maintain the necessities of life.

After the basis for enforcement takes effect, the person subject to enforcement transfers other houses under his name in order to evade debts; The applicant for enforcement provides residential housing for the person subject to enforcement and his or her dependents in accordance with the local standard for the guaranteed area of low-rent housing, or agrees to deduct five to eight years' rent from the price of the house with reference to the average rent standard of the local housing rental market. Where the basis for enforcement determines that the person subject to enforcement has delivered a house for residence, a grace period of three months has been given since the date of service of the enforcement notice, and the person subject to enforcement raises an objection on the grounds that the house is necessary for him and his family members to maintain his or her life, the people's court will not support it.

In previous years, the courts had a rule that "the only house may not be auctioned". We have a debtor who bought a house with borrowed money and enjoyed the money on the grounds that the only house could not be auctioned. After that, the court changed the rule:

After the auction of the debtor's only house, the auction proceeds are left with the debtor for 5 to 8 years' rent. The new provisions not only safeguard the legitimate rights and interests of creditors, but also take due care of the debtor's residence requirements. After all, the first thing that the law should maintain is the spirit of social contract, which is integrity!

Under this premise, it is reasonable to properly safeguard the "residence requirement" of the debtor subject to enforcement instead of the "real estate right"!

When the court enforces the only house of the person subject to enforcement, it cannot directly change from existing to none, but can only carry out enforcement and cannot auction it.

Generally, it is directly to give the rights to the family, if the family does not have it, it is collected for public use, or donated to the ** association.

The people's court may seal up the house owned by the person subject to enforcement that has been mortgaged in accordance with law, and may, upon the application of the mortgagee, auction, sell or redeem the debt in accordance with the law. Therefore, even if the person subject to enforcement has only one house for a house that has been mortgaged, the court can still enforce it.