Suspension of enforcement proceedings at the request of a non-debtor spouse
Suspension of enforcement proceedings at the request of a non-debtor spouse
Suspension of enforcement proceedings at the request of the non-debtor spouse due to the equalization of the share of the debtor spouse
The non-debtor spouse has the right to redeem the thing on which it is executed, as long as it is a SIO (family property community). The time during which this can be done is from the date of determining the starting price of the item (for both movable and immovable property) until the day preceding the seller's day, before the start of the public auction or before the delivery of the item in a store or exchange. To suspend the execution, the non-debtor spouse must deposit half of the initial price and submit an express statement to that effect, after which the bailiff is required to suspend the execution and sale and vacate the property (for movable property) or issue a decree of assignment, if it is Property.
Suspension of enforcement proceedings at the request of the non-debtor spouse due to the identification of personal property for enforcement owned by the debtor spouse
The non-debtor spouse has the right to suspend execution on property that is in the SIO regime (family property community). In the case of execution on movable or immovable property in the SIO regime for obligations of one spouse, the bailiff is obliged to notify the non-debtor spouse of the scheduled inventory and sale. If during the inventory it is found that the item is a SIO, the non-debtor spouse should be notified after the inventory and before the sale.
There is a specific hypothesis for the suspension of execution on a certain object of the SIO. When the debtor spouse has personal items acquired by inheritance, donation or in some other way, the non-debtor spouse can indicate these items to the enforcement authority and request the suspension of the execution on the SIO object and directing the execution on the debtor's personal item.
Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg