Can pre marital personal debts be enforced?

Legal analysis: The joint debts of the husband and wife should be repaid by the property jointly owned by the husband and wife, and if one of the spouses owes debts, the court will not enforce the personal property for repayment. Legal basis:

Article 224 of the Civil Procedure Law of the People's Republic of China: The property portion of a legally effective civil judgment or ruling, as well as a criminal judgment or ruling, is to be enforced by the first-instance trial court or the people's court at the same level as the first-instance trial court where the property subject to enforcement is located. Other legal documents that are to be enforced by the people's courts as provided by law are to be enforced by the people's court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located. Article 225:Where parties or interested parties feel that enforcement violates legal provisions, they may submit a written objection to the people's court responsible for enforcement.

Where parties or interested parties submit written objections, the people's courts shall review them within 15 days of receiving the written objections, and where the grounds are sustained, rule to revoke or correct them; where the reasons are not sustained, a ruling is to reject it. Where parties or interested parties are dissatisfied with the ruling, they may apply to the people's court at the level above for reconsideration within 10 days of the date on which the ruling is served. Article 226:Where the people's court has not enforced the application for enforcement for more than six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the people's court at the level above for enforcement.

Upon review, the people's court at the level above may order the original people's court to enforce within a set period of time, and may also decide that the court to enforce it or order another people's court to enforce it. Article 231:Where during enforcement, the person subject to enforcement provides a guarantee to the people's court, and with the consent of the person applying for enforcement, the people's court may decide on a suspension of enforcement and the period for which enforcement is to be suspended. If the person subject to enforcement still fails to perform within the time limit, the people's court has the right to enforce the property of the person subject to enforcement or the property of the guarantor.

Generally speaking, pre-marital personal debts should be paid off by one of the debtors, so creditors can only claim rights against specific debtors.

If one of the spouses uses the prenuptial debts for living together after the marriage, and the nature of the premarital debts of one of the spouses also changes to the joint debts of the husband and wife due to the change in the nature of the property, the joint property of the spouses can be enforced.

The court of joint debts of the husband and wife will not enforce the personal property before the marriage, the property belongs to one of the parties, and the joint debts should be repaid with the joint property.

Legal Analysis: Nothing can be. Pre-marital personal debts cannot be enforced against marital property.

The personal debt before marriage is the personal debt of one party, and will not be converted into the joint debt of the husband and wife because of the marriage, so the spouse has no obligation to repay it jointly, so naturally the joint property of the husband and wife cannot be enforced.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China The joint property of husband and wife, the following property acquired by husband and wife during the existence of the marital relationship, is the joint property of the husband and wife and is jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

No. Pre-marital personal debts cannot be enforced against marital property. The personal debt before the marriage is the personal debt of one party, and it will not be converted into the joint debt of the husband and wife because of the marriage, so the spouse has no obligation to repay it jointly, so naturally the joint property of the husband and wife cannot be enforced.

Article 1062 of the Civil Code of the People's Republic of China The joint property of husband and wife, the following property acquired by the husband and wife during the existence of the marital relationship, is the joint property of the husband and wife and is jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; 2) Income from production, operation and investment; 3) income from intellectual property rights; 4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law; 5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

When the court enforces the law, it will not determine whether the marital property or the pre-marital property will be enforced.

Legal basis: Civil Procedure Law

Article 242:Courts have the power to employ enforcement measures.

If the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, and buried amounts. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances. The people's courts' inquiries, seizures, freezing, allocation, or conversion of property must not exceed the scope of the duties that the person subject to enforcement shall perform.

When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.

Article 243: Income withheld and withdrawn.

If the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to withhold and withdraw the part of the income that the person subject to enforcement shall perform the obligations. However, the necessary living expenses of the person subject to enforcement and the family members he or she supports shall be retained. When a people's court withholds or withdraws income, it shall make a ruling and issue a notice of assistance in enforcement, which must be handled by the unit to which the person subject to enforcement, banks, credit cooperatives, and other units with savings operations belong.

Article 244:Courts lawfully employ enforcement measures.

If the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to seal, seize, freeze, auction, or sell the property of the person subject to enforcement who shall perform the part of the righteous knowledge code. However, the necessities of life for the person subject to enforcement and the family members they support shall be retained. The people's court shall make a ruling on the adoption of the measures in the preceding paragraph.

Where a creditor claims rights against the debtor's spouse in respect of a party's personal debts incurred before marriage, the people's court will not support it. However, the creditor can prove that the debt was incurred for the common life of the family after the marriage. If the creditor can prove that the debt was used for the husband and wife's common life, the joint property of the husband and wife can be enforced.

1. How to repay the joint debts of the husband and wife after divorce.

At the time of divorce, the personal debts of one of the spouses shall be borne by the debtor.

Article 33 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Section stipulates that if a creditor claims rights against the debtor's spouse in respect of personal debts incurred by one party before marriage, the people's court shall not support it. However, the creditor can prove that the debt was incurred for the common life of the family after the marriage.

Paragraph 2 of Article 1064 of the Civil Code stipulates that debts incurred by one of the husband and wife in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

2. Does the creditor claim support for the debtor's creditor's rights against the debtor's spouse?

Where a creditor claims rights against the debtor's spouse in respect of a party's personal debts incurred before marriage, the people's court will generally not support it, unless the creditor can prove that the debts were used for family life after marriage.

Unless otherwise agreed between one of the spouses and the counterpart, the creditor may claim against the debtor's spouse for the personal debts of one of the spouses after marriage, unless it is recognized as the personal debts of one of the parties.

Article 33 of the Interpretation of the Marriage and Family Traveler Book of the Civil Code of the People's Republic of China provides that if a creditor claims rights against the debtor's spouse in respect of the personal debts incurred by one party before marriage, the people's court shall not support it. However, the creditor can prove that the debt was incurred for the common life of the family after the marriage.

No. Unless one party voluntarily bears the pre-marital property for the other party, then since it is the pre-marital debt of one party, then only the party can bear the pre-marital debt, and the court can only enforce the property in which the party has ownership.

Legal basis] Article 1064 of the Civil Code, the debts borne by the husband and wife jointly signed or the joint intention of one of the husband and wife, as well as the debts incurred by one of the husband and wife in his or her own name for the daily needs of the family during the existence of the marital relationship, belong to the debts of the husband and wife.

Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.