Zhao Hotan is a husband and wife and has a daughter. On 20 13, her daughter Xiao Zhao, who was in high school, bought a house. On the payment date agreed in the contract, Mother Tian paid all the purchase price of 300,000 yuan in one lump sum with her bank card. After that, the property right was registered, and the registered property right was Xiao Zhao.
On September 20 12, Zhao borrowed 3 million yuan from others for business needs. At the expiration of the time limit, the creditor applies to the court for compulsory execution. During the execution, the court sealed up the property registered under Xiao Zhao's name according to the application, and went through the formalities of sealing up the property.
Xiao Zhao refused to accept, and filed a lawsuit against the outsider for execution objection. During the trial, the mother submitted a statement about the source of funds to the court, saying that her daughter received many gifts from her elders from childhood, with a total amount of several million yuan, which she kept on her behalf, so she paid the house price with a bank card. In the end, the second instance upheld the judgment of the first instance.
Isn't it necessary to pay father's debt? There are two main reasons why the court made such a judgment:
1. Should children pay debts for their parents?
Two situations can be analyzed here.
In the first case, the house belongs to Xiao Zhao himself, and the money to buy the property comes from him. Then, Xiao Zhao needs to prove that "buying a house with his lucky money" is true. If it is true, Xiao Zhao himself can decide whether to pay his father's debts, that is to say, Xiao Zhao can refuse to pay his father's debts with his own house, but the actual situation is that Xiao Zhao can't prove that the lucky money comes from the gift of others;
In the second case, although the house is written in Xiao Zhao's name, the money for buying a house is paid by the parents. The act of buying a house occurs after the debt, so it is natural to use the house under Xiao Zhao's name to pay off the debt.
Second, the defendant owed money before buying a house.
"It is natural to pay off debts." In this case, Xiao Zhao's parents not only failed to repay their creditors' debts, but also took money to buy real estate for their children. It is obviously not advisable to say that they were in debt when they were young and that they were transferring property when they were older.
In fact, there are many similar incidents in life. Some "Lao Lai" like to be clever and try to avoid debts by "transferring property and giving money to their children to handle real estate", but in the end they are often in vain and can't escape legal sanctions. Not only should we make up every penny we should pay back, but we should also bear the interest, overdue fees, credit stains and other problems arising from it. I can only say that this is unwise, and I advise you not to follow suit.
Finally, I would like to ask you, what do you think of the above news events? Leave a message to express your opinion!