There is no need to explain the divorce of buying a house. Everyone should understand that divorce in order to qualify for buying a house or save money is a fake divorce. This divorce to avoid debt is really a malicious act. This is a shameless means for Lao Lai to transfer property. How many creditors have been cheated by this loss?
Is there no way to face this divorce and transfer of property? Actually, it is not. In this case, the creditor can exercise the right of cancellation.
Some creditors may not be familiar with the term "cancellation right". Please explain it in written language first, and then translate it in vernacular. If you think the written language is too long to read, you can skip to the last paragraph of the article.
Revocation right is a right in substantive law, a right subordinate to creditor's rights, and a comprehensive right with the nature of formation right and claim right. The obligee of the right of revocation is not a party to a civil act, but a third person who has an interest in the act and is the creditor of the debtor.
Article 74 of the Contract Law stipulates: "Where the debtor transfers the property at an obviously unreasonable low price, causing damage to the creditor, and the transferee knows the situation". How to understand this sentence? In other words, how can we measure whether the transferee is malicious? Some people think that as long as it is obviously lower than the normal market price, it can be inferred that the transferee is malicious.
Revocation right, also known as "revocation right", is a right of creditors to preserve their claims. When the debtor reduces the property and damages the creditor's rights and interests, the creditor may take the right of cancellation to cancel the agreement between the debtor and the third party.
The following is too long to read the version:
Lao Lai generally believes that there is nothing wrong with a fake divorce as long as you can hide your debts. Divorce is actually a kind of property transfer. It doesn't matter that the creditor won the lawsuit. There will be no property enforcement anyway. They are all adults who have been groping in society for so many years. Creditors can clearly see that they are inseparable from each other at this time. Because Lao Lai intends to leave home and transfer his property. At this point, if the creditor wants to take back a city, he can exercise the right of cancellation.
If Lao Lai divorced inexplicably when he was in debt, and left home clean for obvious unreasonable reasons, and Lao Lai's spouse knew this situation. At this point, it can be inferred that his spouse maliciously harmed the rights and interests of creditors. Creditors can exercise their rights to cancel the divorce agreement between Lao Lai and his spouse. Therefore, Lao Lai's fake divorce plan will not succeed. In fact, the methods of fake divorce and property transfer have been abused, but if the creditor doesn't know Lao Lai's property, this method is easy to succeed, so the loan company must know the other party's information as much as possible before lending. For example, Jixin Yunke's risk control system can not only check the credit information of borrowers, but also find extremely detailed operator data, Taobao JD.COM. COM, through which you can know the receiving address of the borrower, the places you have been to, whether there are few contact information left, whether it is possible to disappear, where you may hide, and other information that you may not have considered. At the same time, I also hope that all creditors can learn more about various countermeasures when debts are infringed under different circumstances.