What will the other party affect one of the husband and wife due to debt

■ Li Huiping Ruan Xinyi

Recently, according to China's execution information disclosure network, Dong Qing's husband Mi Chunlei was listed by the Shanghai Financial Court as the executed person, and approximately 719 million yuan was performed.

This incident has aroused heated discussions. Many people are also worried that their spouses will not be able to repay their debts. The property under their name will be forced to execute by the court.

So, what kind of influence will the other party affect one of the couples because of debt?

One of the couple is listed as the executed person by the court, will the other party be directly added as the executed person?

Generally not.

The debt has a personal debt and the common debt of the husband and wife. If it is a personal debt, the other spouse will not be added as the executed person; if the husband and wife joint debt, the creditor needs to prior to the debtor's spouse. After being liable for liability for liability, creditors can apply for the husband and wife as the executing person. In practical practice, if the trial procedure is determined to belong to the joint debt of the husband and wife, it is generally not possible to directly add the other spouse as the executor.

The husband and wife are listed as the executed person for personal debt, and which property of the other party may be affected?

When the husband and wife are unable to pay the personal debt, the share of the party's common property may be forced by the court, but the personal property of the other party is safe.

Under normal circumstances, the common property of the husband and wife mainly refers to the property obtained by the husband and wife after marriage. The civil code stipulates that the following property obtained in the marriage is the common property of the husband and wife, mainly: (1) salary, bonuses, labor remuneration; (2) income of production, operation, and investment; Or the property of the gift. All the personal property of the husband and wife in the marriage is: (1) the pre -marital property of one party; (2) the compensation or compensation obtained by the person's damage; (3) 4) Special daily necessities for one side.

Among them, real estate is the most often performed by the court in judicial practice, because the value of the real estate is high and the ownership is easy to determine according to the real estate registration situation. If the real estate belonging to the co -property of the husband and wife is forced to execute by the court, the general court will auction, sell it, etc., and then retain the share of the other party.

It should be noted that if it is a real estate that is given or inherited in the wedding, and the will or a gift or gift contract is clearly owned by the husband and wife (not the debtor), it is a personal property and will not be performed as a joint property of the husband and wife.

Will the "only house" under the name of the husband and wife be executed by the court?

The only house may also be executed.

According to Article 20 of the Supreme People's Court's "Supreme People's Court on the Provisions on the Enforcement Objury and Reconsideration Cases of the People's Court in 2015", the practical practice of the court is generally: First, confirm that the real estate that is executed is under the name of the husband and wife. The only house and a house that must be lived in the family life; second, when the application executive agrees, the application executive will provide the executive and the supporting the family members and the supporting family members in accordance with the area and standards of the local low -rent housing security. The houses of the house, or the rent of five to eight years in the property change, rent a house to the family's family to maintain their basic living needs; after meeting the aforementioned conditions, the court will execute the "only" house under the name of the husband and wife.

Dispertible rental calculation formula: Rental = Number of people who are executed and supported by their families × Local low -rent housing security per capita area × the average rent of the local house rental market × 5-8 years (for reference).

One of the courts can be executed by the court by the court by the court because of personal debt and registered in the personal name of the other spouse and purchased in the wedding?

If the property belongs to the common property of the husband and wife and does not change the common nature of the husband and wife under the name of the husband and wife, the court can enforce it. During the implementation of the court, if the real estate controlled measures such as seizure, seizure or freezing, the spouse will be notified at the same time. Within 15 days from the date of being notified, the spouse can be performed to perform objections and remedies.

If the spouse can successfully prove that the real estate is a personal property rather than the common property of the husband and wife during the objection, the court cannot execute the real estate.

Divorced during the execution or before, will the property divided by the other spouse be executed by the court during the divorce?

Regarding the execution case of being identified as a personal debt of the husband and wife, whether it is agreement to divorce or the court's decision to divorce, the property that confirms the distribution of the spouse during the divorce is generally not forced to be enforced by the court; Regarding the unfair property segmentation (such as the debt belonging to one party and the property distribution), the application executive can ask the court to claim to the court, ask the divorce agreement or mediation letter of the two parties, and resume the common property.

Regarding the execution cases that have been identified as the joint debt of the husband and wife, the agreement on the divorce during divorce and the agreement on the division of property and the debt cannot fight against the applicant. The debt is still clear. However, after the spouse's responsibility, one party may recover from the other party in accordance with the divorce agreement, a divorce mediation or a judgment.

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