The Divorce Property Division Agreement Excludes Compulsory Inquiry

When the husband and wife divorce by agreement,the divorce agreement stipulates that the ownership of the common house registered in the name of one party(hereinafter referred to as the "nominal right holder")shall be owned by the other party(hereinafter referred to as the "agreed right holder").After the divorce,the house has not been registered,the nominal owner of the house due to his personal debt was confirmed by the court effective legal instrument debt to creditors.Because simply viewed from outside the right,the nominal right holder is still the owner of the house involved in the case,the creditor has the right to apply for the court to enforce the house involved in the case.In the process of implementation,the agreed right holder based on the divorce real estate division agreement to file a lawsuit of execution objection,such cases are rising year by year.Because the case involves the distribution of the couple’s joint property,the disposition of the couple’s joint debt,the identification of the problem of child support,the emotional compensation of one spouse to the other,the legal relationship is extremely complicated.After the divorce agreement has agreed that the property belongs to the other party,the agreement has agreed that the right holder has not handled the transfer registration formalities in time for various reasons,which makes the property in the right ownership dispute.When the applicant for execution applies to the court for compulsory execution according to the situation recorded in the register,whether the agreed right holder has the effect of preventing the execution of the right to the property? For this situation,there are no direct and clear legal provisions on how to handle the case in judicial practice,and there is no uniform adjudication rule at the Supreme Court level,which leads to different views of judicial adjudication in practice.The disputes in practice mainly focus on the nature and effectiveness of divorce real estate division agreement,whether the agreement of divorce agreement for real estate ownership can be excluded from compulsory execution,and how to determine the criteria and consideration factors for the exclusion of execution.By studying the nature and effectiveness of divorce real estate division agreement,as well as the legal effect of property ownership agreement,this paper will analyze whether the agreed right holder has the effect of preventing the applicant from enforcing the civil rights against the property involved in the case.If implementation can be excluded,examine a range of issues as to how standards are determined.