Will the general court force the house to vacate?

When the person subjected to execution has only one residence and the real estate is a necessary residential house, the court cannot enforce the house.

If the person who has the obligation to support the executed person has other necessary houses to support his life, such as the elderly, then although there is a house under his name, his son has multiple houses, which is enough to ensure his survival. After the execution basis comes into effect, if the person subjected to execution transfers other property under his own name in order to avoid debt, there is already property, or even several properties. However, after the execution basis came into effect, in order to avoid the debt, the property under his name was transferred and transferred, resulting in only one property, which was not the object of protection, because the purpose was to avoid the performance of the debt. According to the area and standard of local low-rent housing security, the executor provided habitable housing for the executor and his dependents. For example, according to the local low-rent housing security area standards to provide temporary turnover housing. At the same time, the regulations also provide an alternative, or the executor agrees to deduct the rent for 5 to 8 years from the variable price of the house according to the average rent standard of the local house rental market. In fact, this has established a mechanism to encourage cooperation and implementation. If the execution basis itself is the delivery of housing, then the court must implement it according to the content determined by the execution basis. However, considering that the person subjected to execution needs to rent another house, there may be a turnover period, so a grace period of three months is given. In addition to the above situations, the court can enforce the property, and nothing else can be vacated.

Legal basis:

Article 257 of the Civil Procedure Law of People's Republic of China (PRC) (implemented on June 65438+ 10/day, 2022) stipulates that if the person subjected to execution is forced to move out of the house or withdraw from the land, the dean will issue an announcement and order it to be performed within a time limit. If the person subjected to execution fails to perform within the time limit, it shall be enforced by the executor. At the time of compulsory execution, if the person subjected to execution is a citizen, the person subjected to execution or his adult family members shall be notified to be present; If the person subjected to execution is a legal person or other organization, it shall notify its legal representative or principal responsible person to be present. Those who refuse to be present will not affect the execution. If the person subjected to execution is a citizen, his work unit or the grass-roots organization where the house or land is located shall send people to participate. The person subjected to execution shall record the execution in a record, which shall be signed or sealed by the person present. The property forcibly removed from the house shall be sent to the designated place by the people's court and handed over to the person subjected to execution. If the person subjected to execution is a citizen, he may also give it to his adult family members. The losses caused by the refusal shall be borne by the person subjected to execution.

Article 687 of the Civil Code of People's Republic of China (PRC) stipulates in the suretyship contract that when the debtor fails to perform the debt, the surety shall bear the suretyship responsibility, which is a general suretyship. The guarantor of a general guarantee has the right to refuse to undertake the guarantee liability to the creditor before the main contract dispute has been tried or arbitrated and the debtor's property has been enforced according to law, except in one of the following circumstances:

(1) The debtor's whereabouts are unknown and there is no property available for execution;

(2) The people's court has accepted the bankruptcy case of the debtor;

(3) The creditor has evidence to prove that the debtor's property is insufficient to perform all debts or cannot perform debts;

(4) The Guarantor waives the rights stipulated in this clause in writing.