In the course of judicial enforcement proceedings, it is often necessary to deal with debts related to matrimonial relations. The applicant for enforcement worked hard to obtain a favorable judgment, but found that the person subject to enforcement had no property available for enforcement. In this case, some applicants may hope that the spouse of the person subject to enforcement will be added to the joint performance of the debt. However, whether the spouse can be added as the person subject to enforcement involves a complex issue, and an in-depth analysis of the legal provisions and judicial practice is required.
Marriage is often protected by the law, which discourages couples from suing each other. This is because the law treats marriage as an intimate relationship and is more inclined to protect family harmony. Under normal circumstances, the court will not directly add the spouse as the person subject to enforcement. However, if the person subject to enforcement transfers the property in bad faith to avoid enforcement through divorce division of property or other means, the court may consider adding the spouse as the person subject to enforcement. This usually requires sufficient evidence and legal basis, and the court will decide whether to allow the addition on a case-by-case basis.
Depending on the nature of the debt, it can be divided into personal debt and joint debt. In enforcement proceedings, if the creditor claims that the debt is a joint debt of the husband and wife, and the court recognizes this claim, the court will expand the scope of property available for enforcement, including the marital personal property and joint property. Even in the case of a personal debt of one party, the applicant for enforcement has the right to enforce the share of the person subject to enforcement in the joint property of the husband and wife.
The Provisions of the Supreme People's Court on Several Issues Concerning the Change and Addition of Parties in Civil Enforcement issued by the Supreme People's Court stipulate that creditors may claim rights and interests when one of the spouses incurs debts in his or her own name during the marriage. This means that if the debt was formed during the conjugal relationship, the court may recognize it as a joint debt. However, if the debt is incurred by one of the spouses in his or her own name in excess of the daily needs of the family, the court will not uphold it unless the creditor can prove that the debt was used for the joint life of the husband and wife, joint production and business or based on the mutual will of the spouses.
Courts in some regions may rule differently depending on the circumstances. For example, the Jiangsu High People's Court pointed out in the relevant interpretation that if the basis of enforcement is determined to be a personal debt, but the debt is formed during the existence of the husband and wife relationship, the enforcement agency may, under certain conditions, presume that the debt is a joint debt of the husband and wife, and add the spouse of the person subject to enforcement as the person subject to enforcement.
The Shanghai High Court also mentioned that if the basis for enforcement does not clearly stipulate the nature of the debt, if the applicant for enforcement claims to treat it as a joint debt of the husband and wife and applies to add the spouse of the person subject to enforcement as the person subject to enforcement, the enforcement agency shall conduct a hearing and review, and under certain conditions, it may be recognized as a joint debt of the husband and wife, and rule to add the spouse of the person subject to enforcement.
The Zhejiang Provincial High People's Court made it clear that if one of the husband and wife is determined to be the debtor on the basis of enforcement and the nature of the debt is not clearly specified, the enforcement agency can judge whether it is a joint debt of the husband and wife based on relevant evidence, and may enforce the joint property of the husband and wife, and may enforce the personal property of the other spouse if the joint property of the husband and wife is still insufficient to pay off after enforcement.
In general, there are differences in judicial practice in different courts and regions as to whether the spouse of the person subject to enforcement can be added. In the enforcement procedure, while ensuring the rights and interests of creditors, it is also necessary to protect the rights and interests of the person subject to enforcement and his or her spouse. This requires the court to make prudent judgments when weighing the rights and interests of all parties to ensure the legality and fairness of the proceedings. In addition, the addition of the person subject to enforcement usually increases the civil liability of the person not involved in the case who has not borne the obligation to make a judgment, so it should be reviewed and handled in accordance with the legal procedures and legal conditions.
In order to effectively solve the problem of difficulty in enforcement, creditors can set the debt as a joint debt of the husband and wife when the debt is formed, and list the husband and wife as co-defendants to ensure that their rights and interests are fully protected in the enforcement procedure. This will help to reduce disputes in the enforcement procedure, and can also reduce the division of property in the disposition, so as to avoid one of the spouses from raising an objection to the enforcement or filing a lawsuit against an outsider.
Adding a spouse as a person subject to enforcement is a complex issue that requires careful consideration of the legal provisions and specific circumstances. In the enforcement procedure, it is very important to protect the legitimate rights and interests of creditors, but it is also necessary to ensure the legality and fairness of the procedure. In handling such cases, the courts need to weigh the rights and interests of all parties in order to uphold the principles of social justice and the rule of law. For people involved in enforcement and debt issues, it is essential to understand the legal provisions and the judicial practice of the courts to ensure that their legitimate rights and interests are protected.