1. Can my ex-husband's debts seal up my house?
Have the right to seal it up, but you can raise an objection to the court. Divorce agreements are generally valid between husband and wife, but not externally. Before the split property registration, the property right of the house has not changed.
If the husband and wife are not involved in the same debt, the debt owed by the ex-husband should be repaid with the property in his own name. But for creditors, they don't know the contents of the divorce agreement, and the principle of real estate is registration. In order to protect the creditor's right of recourse, it is legal for the creditor to initially confirm that the house belongs to her ex-husband through the representation of rights, and then ask the court to seal it up.
The purpose of setting up the lawsuit of execution objection in the Civil Procedure Law is to protect the legitimate rights and interests of the relevant civil subjects to the subject property that is enough to exclude execution, so as to avoid irreversible damage caused by the execution of the subject property. If the divorce agreement between husband and wife comes into being before the creditor's rights, and the spouse causes the house to be registered in the debtor's name for reasons other than his own, he may oppose the creditor's execution of the house according to the registration.
Second, will the ex-husband be prosecuted for owing a bank loan?
No, but the same property section will be executed.
1. If the husband owes the loan but doesn't pay it back, the bank can't freeze the wife's deposit, and the court can freeze the wife's deposit.
If the husband owes the loan, the bank can sue him in court. If the court decides not to repay the loan, the court may freeze the husband's deposit or the wife's deposit when enforcing it.
According to the law, the debts owed by husband and wife during the marriage relationship are generally recognized as the same debts of husband and wife, and both husband and wife have the obligation to repay. Therefore, the court can freeze the wife's deposit.
4. Of course, if the wife can prove that the bank and her husband agreed that the loan is a personal debt; Or the wife and husband agree that the property during marriage belongs to each other, and the bank also knows the agreement that the loan belongs to the husband's personal debt, and the wife can apply to the court to lift the freeze on her deposits.
legal ground
civil law
Article 1064 The debts incurred by both husband and wife for the same signature or by one party afterwards, and the debts incurred by one party in his own name for the daily needs of the family during the marriage relationship, belong to the same debt of husband and wife.
Debts incurred by one spouse in his own name during the marriage relationship that exceed the needs of family daily life are not joint debts of husband and wife; However, the creditor can prove that the debt is used for the husband and wife's life, production and operation, or based on the same meaning of both husband and wife.
Article 1089 At the time of divorce, husband and wife shall jointly pay off their debts. * * * If the same property is not paid off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment.