How to enforce marital debts and joint debts

Enforcement of joint debts must first be repaid with the joint property of the husband and wife, and if the joint property cannot be repaid, the creditor can demand the enforcement of the personal property of either spouse. However, after the creditor has executed one party's personal property, the party subject to the enforcement property may demand repayment from the other party.

1. How to transfer the house due to gambling debts.

The debts borrowed by one party for gambling should be borne by the borrower himself, and the spouse shall not be liable for repayment because the debts are not used for the common life of the husband and wife and family life, and are unreasonable expenses of one party.

Therefore, the debt is the personal debt of the gambling party and should be repaid with his or her personal property. At the same time, it should be noted that gambling debts are not protected by law. If the property is jointly owned by the husband and wife, half of the property belongs to the gambling party, and if the creditor sues for the return of the property, and the gambling party is unable to repay, the creditor can apply for enforcement of the property belonging to the gambling party - that is, apply for the auction of half of the property rights of the house, but only if the gambling debt is recognized as legal.

2. Can the joint property of the husband and wife be enforced?

The joint property of the husband and wife can be enforced. The debts of the individual spouses can be repaid with half of the joint property of the spouses. Where a creditor claims rights in respect of a debt incurred by one of the spouses in his or her own name during the existence of the marital relationship, it shall be treated as a joint debt of the husband and wife.

However, unless one of the spouses can prove that the creditor and the debtor have expressly agreed that it is a personal debt.

3. Can the debts of the joint property before the marriage be partially discharged?

Generally, it is not possible to enforce joint property to repay premarital debts, because one party's premarital debts are personal debts and are repaid by individuals in accordance with the law; However, if the creditor has evidence to prove that the debt is used for the husband and wife to live together, jointly produce and operate, or is a joint debt based on the joint intention of the husband and wife, it shall be repaid by the husband and wife, and the joint property may be enforced.

Article 1089 of the Civil Code.

In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

Article 1064.

Debts incurred by both husband and wife as jointly signed by the husband and wife or by one of the husband and wife after the fact, as well as debts incurred by one of the husband and wife during the existence of the marital relationship in the name of the husband and wife for the daily needs of the family, are joint 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 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.

In the case of debts owed by one of the spouses, the court has the right to enforce one of the spouses' share of the joint property. According to Article 14 of the Provisions of the Supreme People's Court on the Sealing, Seizure and Freezing of Property in Civil Enforcement by the People's Courts, the people's court may seal, seize and freeze the property jointly owned by the person subject to enforcement and other persons, and promptly notify the co-owners.

Where the co-owners agree to divide or jointly share the property with the code, and it is approved by the creditors, the people's court may find it valid. the effect of sealing, seizing, freezing and selling the old man and the property within the share enjoyed by the person subject to enforcement after the division of the agreement; The people's court shall rule to lift the sealing, seizure, or freezing of property within the share enjoyed by other co-owners. Where a co-owner initiates a lawsuit for property dissolution or applies for subrogation by the person applying for enforcement, the people's court shall permit it.

Enforcement of the property is suspended during the proceedings.

Legal Analysis: In the event of a divorce, the joint debts of the husband and wife should be repaid jointly. Where the joint property is insufficient to be repaid or the property is owned by each other, the two parties shall agree to pay it off before it is settled; If the agreement is not reached, the people's court shall make a judgment.

Basis of the law: Article 1089 of the Civil Code of the People's Republic of China: In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. If the joint property is insufficient to settle the compensation or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

Methods for enforcing joint debts of husband and wife:

1. If it is the joint property of the husband and wife, the joint property can be directly enforced;

2. If the enforcement property is the joint property of the husband and wife and others, the co-owners shall be notified in a timely manner, and if the co-owners agree to divide the common property and the creditors approve it, the people's court may find it valid.

[Legal basis].

Article 12 of the Provisions of the Supreme People's Court on the Sealing, Seizure and Freezing of Assets in Civil Enforcement by the People's Courts.

The people's court may seal, seize, or freeze the property jointly owned by the person subject to enforcement and other persons, and promptly notify the co-owners.

Where the co-owners agree to divide the common property and it is approved by the creditors, the people's court may find it valid. the effect of sealing, seizure and freezing and the property within the share enjoyed by the person subject to enforcement after the division of the agreement; The people's court shall rule to lift the sealing, seizure, or freezing of property within the share enjoyed by other co-owners.

Where a co-owner initiates a lawsuit for property dissolution or applies for subrogation by the executor to initiate a lawsuit for property dissolution, the people's court shall allow it. Enforcement of the property is suspended during the proceedings.