The Executive Board enforces that during the existence of the husband and wife, one party does not p

In practice, if it is determined that the judgment is a joint debt of the husband and wife, the property or income of the spouse can be enforced.

If it is not identified as a joint debt, there are three main approaches:

First, the property in the name of the spouse of the person subject to enforcement shall not be enforced, or the enforcement procedure shall be terminated or suspended, and the creditor shall file a lawsuit again to obtain the basis for enforcement against the debtor's spouse before enforcement.

Second, in the enforcement procedure, the applicant for enforcement shall apply to the enforcement department of the court to add the spouse of the person subject to enforcement as the person subject to enforcement, and provide evidence to prove that the debt is a joint debt, and the court shall confirm that the spouse of the person subject to enforcement is the person subject to enforcement after reviewing the hearing procedure.

Third, the court presumes that the debt is a joint debt of the husband and wife, directly confirms that the spouse of the person subject to enforcement is the subject of responsibility and obligations, and at the same time directly seals, freezes and seizes the relevant property, and when the spouse of the person subject to enforcement raises an objection, it will conduct a hearing and review, and the spouse of the person subject to enforcement shall provide evidence that the debt is not a joint debt.

The third approach is the general approach.

Determination of joint debts of husband and wife and treatment of unclear nature:

However, when the facts established in the legal instrument in force are not sufficient to define the nature of the debt, is it presumed to be a personal debt of one party or a joint debt of the husband and wife? Article 24 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that if 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, one of the husband and wife can prove that the creditor and the debtor have expressly agreed that it is a personal debt, or can prove that it falls under the circumstances provided for in paragraph 3 of article 19 of the Marriage Law.

This provision makes it clear that if a creditor claims rights against a debt incurred by one of the spouses in his or her own name, it "shall" be treated as a joint debt of the husband and wife, and then as a "proviso". It can be seen that in the presumption of the nature of marital debts, the Judicial Interpretation (II) of the Marriage Law clearly presumes that they are joint debts. The treatment of presumptive joint debts is in line with our national conditions.

At present, China's law determines the legal joint property system, and the vast majority of debts are incurred for the family life of husband and wife, which is joint debt. The practice of presumption of joint debt has several advantages: first, it can avoid making too many judgments about the nature of the debt in judicial practice, which will affect the efficiency of enforcement; Second, it can maintain the security of transactions, insist that the internal relationship between husband and wife shall not be opposed to external relations, which is conducive to protecting the interests of creditors and reducing social transaction costs as a whole; Third, it can react to the stability of family property relations, which are the basic units of society, and is conducive to maintaining the close ties between the members and subjects of the family.

It is necessary to prove that the parties are husband and wife. This makes it possible to enforce the joint property of the husband and wife.

Legal Analysis: Yes. According to the provisions of the Marriage Law and judicial interpretations, it may be explained to the applicant that, upon the application of the person applying for enforcement, the debtor's spouse (or ex-wife) shall be added as the person subject to enforcement and bear the obligation of monetary payment.

The reason is that debts arising from the need to live together should be recognized as joint debts of the husband and wife, and regardless of whether the relationship between the husband and wife exists at the time of enforcement, the property of the husband and wife living together should be liable.

Legal basis: Article 242 of the Civil Procedure Law of the People's Republic of China: The court has the right to take enforcement measures, and if the person subject to enforcement fails to perform the obligations set forth in the legal document 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, **-**shares, etc. The people's court has the right to seize, freeze, transfer, and sell the property of the person subject to enforcement according to different circumstances.

The people's court's inquiry, seizure, freezing, allocation, and sale of property must not exceed the scope of the obligations 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.

Legal Analysis: No. The joint property cannot be enforced against the debts of one of the spouses, but the property belonging to the debtor in the joint property of the husband and wife can be enforced.

Because only for the joint property of the husband and wife needs to be repaid with the joint property of the husband and wife, the spouses have joint obligations, and for the personal debts of one party, it is borne by himself with his own personal property, and the court cannot enforce the joint property of the husband and wife, but only the personal property of the debtor.

Legal basis: Civil Code of the People's Republic of China

Article 1062 The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be 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.

Article 1063 The following property shall be the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

The debts of one of the spouses can be enforced against the joint property of the husband and wife. In addition, if the debts incurred by one party during the existence of the marital relationship are determined to be joint debts of the husband and wife, they shall be frozen to the full extent of the joint property, and if they are personal debts, they shall be frozen within the debtor's share. If it cannot be divided, it can be frozen first.

Where a husband and wife agree to divide common property and it is approved by creditors, the people's court may find it valid.

Civil Procedure Law of the People's Republic of China

Article 242.

If the person subject to enforcement fails to perform the obligations set forth in the legal document 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, shares, and shares.

The people's court has the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances.

The people's court's inquiry, seizure, freezing, allocation, and sale of property must not exceed the scope of the obligations that the person subject to enforcement shall perform.

When a people's court decides to seize, freeze, transfer, or sell property, it shall make a decision on the basis of the disruption and issue a notice of assistance in enforcement, which the relevant units must handle.