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Want to go bankrupt ~ common property problem
In fact, the answers provided by netizens upstairs are basically correct! Maybe it's just a little simpler, so I will provide more information about the landlord's problems for the landlord's reference!
If Laodou files for bankruptcy, but her mother and daughter have a joint home purchase plan, will there be no room after bankruptcy?
A: Basically, if one of the joint property owners goes bankrupt, part of the property ownership under his name will be confiscated by the Official Receiver's Office!
Take the landlord's parents as an example. After your father goes bankrupt, the property originally held by them will become jointly held by the Official Receiver's Office and Lingci, and your father's ownership will disappear forever, even after the bankruptcy order is lifted!
Since Lingci is not bankrupt, the department cannot forcibly confiscate and auction this property! According to the usual practice, we will ask another owner of this property (that is, Lingci) to contribute to buy all the ownership! You can make a decision by looking at the department's bid (the department doesn't have to be half of the market price, but it depends on the department's decision)!
No matter whether you want to buy or not, whether you have the ability to buy all the ownership, the department can't forcibly confiscate this property! Suppose you are really unable or unwilling to buy back the confiscated property rights, the department actually has no choice but to apply for lease in the land registry to prevent property rights from changing!
In this case, you can still possess the property! However, if the mortgage is still in progress, it is necessary to continue to repay the mortgage, otherwise it is another matter for the bank to start the repossession procedure to recover the property. The Official Receiver's Office is absolutely willing to cooperate with banks and share the proceeds after the auction! Incidentally, the other owner (that is, Ling Ci and your family) is still fully responsible for the mortgage payment, and the Official Receiver's Office will not share the mortgage payment!
At this stage, in the case of property leasing, Lingci still retains half of the ownership and full use right (the department will not ask for half of the space)! But in the long run, there may be a chance to lose this property!
Because common property is generally held in the form of long-term contracts! That is, the person who dies at the latest automatically has full ownership!
Now that the property has been nailed down, it can't be changed. Tzu Chi will retire for a hundred years, and the bankruptcy administrator as a legal person can change! Therefore, over time, the ultimate ownership of this property will be owned by the department!
To change this situation, we can only consider buying full ownership if we have the ability! However, it will be easier to accept this practice if the department requires it at first! Assuming that it is not impossible to apply to the department for repurchase of confiscated property rights in the future! It's just that the procedures will be complicated, and the property price and related expenses will be higher!
Second, mom and menstruation have joint accounts, but my money is in menstruation. Will the bankruptcy of my old bean affect her account?
A: Absolutely not! Landlords should understand that the bankruptcy laws in China and Hongkong only involve individuals, not families and spouses! Family members and spouses have tens of millions of wealth, but whether they like it or not, they have no responsibility and obligation to pay debts for the bankrupt!
Therefore, in addition to the common property and assets with family members and spouses, it will be affected (such as joint accounts, safes, cars, company business, etc.). )! The personal assets of family members and spouses will not be affected by bankruptcy!
What's more, this is just a joint account of Lingci and Menstruation. No matter who the deposit is, it has nothing to do with your father's bankruptcy!
Suppose the signer is the name of your father and menstruation! Will be implicated! If this happens, the deposit in this account will be confiscated by the department, no matter who it belongs to!
Reference: cecimak's experience and understanding as a bankrupt! I hope I can help you! Will there be nothing left in the room?
No, but it will be crucified, and half of the ownership of Laodou's house will be taken over by the bankruptcy administration, but the building will still be confessed! !
2: no,
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