The Difficulties And Solutions Of The Online Judicial Auction Of The Jointly Owned Residential Properties

Judicial auction of housing is an important way to solve the difficulty of execution and monetize the property involved in the case.Because the person who is subjected to execution refuses to perform the obligations determined in the valid legal documents,the court hopes to auction his house and he will be enforced to perform his obligations.In practice,the courts are usually confused in the process of execution when the person under execution shares the real estate with the person who is not involved in the case.Should the jointly owned residential property be analyzed before execution? Can it be executed when the outsider shares the jointly residential property? Auction only the portion of the person under execution or retain the portion of the outsider after the overall auction? How can the legal right of the joint owner be guaranteed? How can the court not only ensure the strength of enforcement,protect the legal rights and interests of the applicant,but also do not damage the legal rights and interests of outsiders? All these above are repeatedly facing but inevitable problems in the executing practice.Based on the empirical study of the current judicial practice of shared residential property,the author finds out that the current laws and regulations have vague provisions on the issues above,which leads to different modes of execution of shared residential property.So firstly,on the implementation mode of the common real estate theory and practice of the current situation of in-depth understanding,the author learned that the enforcement of real estate mainly through the form of judicial auction,and the judicial auction of shared real estate there are the overall auction and share auction two treatment modes.Secondly,by collecting,comparing and analyzing the data of the various processing modes of the court’s execution of the common real estate through the empirical analysis on the online judicial auction platform of Alibaba and JD,the author counted and analyzed detailedly including the overall status quo of online judicial auction of shared real estate by courts throughout the country from2017 to December 2019(shared auction mode accounts for the proportion of all auction models),As well as the total share of real estate share network judicial auction data(national real estate judicial auction transactions,shared judicial auction transactions,and shared judicial auction bidders,etc.).Thirdly,the author combined with the above-mentioned empirical data analysis,and according to the legal theory and the existing legal provisions,reflect the current common real estate judicial auction existing various dilemmas from the theoretical level and practical operation level,including the facing dilemmas of the division of jointly owned residential property,judicial auction of the whole property and judicial auction of partial property.Finally,according to the above-mentioned dilemmas of judicial auction of jointly owned residential property,the author gives suggestions on division of shared house property before execution,confirming the property belongs to one of the co-owners in the litigation of property analysis,overall auction of shared property,establishing the principle of exhausting personal property,guarantee the preemptive right of co-owners and the construction of special procedures to the preemption of co-owners.It is expected to improve the existing execution procedures of shared properties.