[Direct answer]There are three core rules. Firstly, the court may seize jointly owned property. According to the "Regulations of the Supreme People's Court on Seizing, Impounding, and Freezing Property in Civil Enforcement" (effective January 1, 2005), the court may seize, impound, or freeze the property jointly owned by the debtor and others, and notify the co-owners in a timely manner. Secondly, it is necessary to address the issue of property shares. If the co-owners agree to divide the jointly owned property and the creditor approves of it, the court may recognize it as valid. The effect of the seizure, impoundment, or freezing extends to the property owned by the debtor after the division. For the property owned by other co-owners, the court shall order the release of the seizure, impoundment, or freezing. Thirdly, litigation for property division is allowed. If the co-owners initiate a lawsuit for property division or apply for the executor to initiate a lawsuit for property division on their behalf, the court shall allow it. During the litigation period, the enforcement of the property shall be suspended. Substantively, according to Article 1062 of the "Civil Code of the People's Republic of China" (effective January 1, 2021), the wages, bonuses, and operating income earned by the couple during their marriage belong to the couple jointly. According to Article 1089, the debts incurred during the marriage for the common life of the couple shall be repaid jointly upon divorce. 核心规则有三条。第一，可以查封共有财产。根据《最高人民法院关于人民法院民事执行中查封、扣押、冻结财产的规定》（2005年1月1日施行），对于被执行人与他人共有的财产，人民法院可以查封、扣押、冻结，并及时通知其他共有人；第二，需要处理份额问题。共有人协议分割共有财产，并经债权人认可的，人民法院可以认定有效；查封、扣押、冻结的效力及于协议分割后被执行人享有的份额内的财产，对其他共有人享有的份额内的财产的查封、扣押、冻结，人民法院应当裁定解除。第三，可以诉讼析产。共有人提起析产诉讼或者申请执行人代位提起析产诉讼的，人民法院应当准许，诉讼期间中止对该财产的执行。实体上，根据《中华人民共和国民法典》（2021年1月1日施行）第一千零六十二条，夫妻在婚姻关系存续期间所得的工资、奖金、生产经营收益等，属于夫妻共同所有；根据第一千零八十九条，离婚时，原为夫妻共同生活所负的债务，应当共同偿还。Creditor's rights and debts, and enforcement casesYou can view similar questions in this column.

1. Problem background and typical scenarios

When a party raises this question, it usually corresponds to several situations: First, one of the spouses has incurred external debts, and the court has seized the property registered in the names of both spouses or in the name of one of the spouses; Second, the spouse believes that the debt belongs to the other party's personal debt and should not be executed against their share of the joint property; Third, the property is in a state of joint ownership before the divorce, and it is necessary to first determine the share owned by the debtor in the execution process; Fourth, the couple has already divorced and agreed on the ownership of the property, but the creditor claims that the agreement is an attempt to evade debt; Fifth, the only house has been seized, and the living interests of the spouse and minor children need to be protected. When handling such cases in the Beijing area, it is usually first determined whether the debt is a personal debt or a joint debt, then the scope and share of the joint property are determined, and finally the dispute is resolved through agreement division, partition litigation, or third-party objection. For the determination of the nature of the debt and the scope of the joint debt, reference can be made together.Divorce litigation and family disputesColumn.

II. Key points of dispute

First, the nature of the debt—whether it's a personal debt or a joint marital debt—directly affects the scope of enforceable assets. Second, the identification of jointly owned property: how to handle assets registered under one spouse's name but funded from joint marital property. Third, the determination of ownership shares: agreement-based division must be approved by creditors, otherwise it may be resolved through partition litigation. Fourth, the subject of initiating partition litigation and the suspension of enforcement: both co-owners and applicants for enforcement may claim rights. Fifth, the validity of divorce agreements or property agreements—whether they constitute malicious transfer of assets to evade enforcement. Sixth, the application of third-party objections and enforcement objection litigation. Seventh, the enforcement of sole housing requires protecting residential rights and ensuring proper relocation in accordance with the law. Specific determinations shall be based on currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Law Firm

During the execution process, expanding the scope of enforceable assets typically involves two approaches: first, identifying the debtor's liable assets; second, adding or pursuing other responsible parties. Taking the shareholder liability dispute case handled by Attorney Yuan Han of our firm as an example: Ma * and a certain company filed a lawsuit with the Chaoyang District People's Court of Beijing over a brokerage contract dispute. The court ruled that the company should return the brokerage service fee of 423,500 yuan. After the company appealed and then withdrew the appeal, the judgment remained unenforced after taking effect. Ma * applied for enforcement, but the case was terminated due to the company having no enforceable assets. After reviewing the materials, Attorney Yuan Han found that the company's shareholders, Liu * and Zhang *, each subscribed to a capital contribution of 9 million yuan and 1 million yuan, with the subscription period ending on September 23, 2039. However, there were no actual payment records in the industrial and commercial archives. Therefore, he argued that since the company had exhausted all enforcement measures but failed to file for bankruptcy despite meeting the bankruptcy criteria, the creditors had the right to request the shareholders who had not yet fulfilled their subscription obligations to bear supplementary compensation liabilities within the unpaid scope. The court adopted the attorney's opinion, ruling that the company met the bankruptcy criteria but failed to file for bankruptcy, and that the shareholders no longer enjoyed the benefit of the subscription period. It ordered Liu * to bear supplementary compensation liabilities within the unpaid scope of 9 million yuan and Zhang * within the unpaid scope of 1 million yuan. This case shows that the key to enforcement is to clarify the boundaries of liable assets. In the enforcement of marital joint property, this approach involves first identifying which assets belong to the joint property and the debtor's share in it. The enforcement court may first seize the jointly owned property and notify the co-owners, then proceed with a consensual division or partition litigation, ultimately enforcing only the debtor's share, while the spouse's legitimate share should be protected. In cases where the couple has agreed on the ownership of the property and the time of formation, registration status, and fund flow are clear and there is no malicious collusion, this agreement can generally serve as the basis for determining the property rights holder. This case was handled by Beijing Henglue Law Firm.Yuan HangAttorney (Practice Certificate No.: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acting on behalf of the client.

IV. Practical suggestions and legal basis

Action suggestions: First, determine the nature of the debt and retrieve the effective judgment documents and enforcement basis to confirm whether the subject of enforcement is one or both spouses. The determination of relevant debts can be referred to for reference.Divorce litigation and family disputes1. The first point is that the spouse, if they believe that their share of the property has been affected, should promptly file an objection to the enforcement as a third party. If they are not satisfied with the ruling on the objection, they may file a lawsuit against the enforcement objection. 2. The second point is that if it is necessary to determine the share of the property through a division of assets, they should actively initiate a division of assets lawsuit or request that the applicant for enforcement initiate it on their behalf. During the litigation period, the enforcement of the property may be suspended. 3. The third point is that if the parties agree to divide the jointly owned property, they should obtain the creditor's approval and formalize it in a written document to avoid subsequent disputes. 4. The fifth point is that if the case involves a divorce property agreement, they should prepare a divorce agreement, property registration certificates, and financial transaction records to prove that there was no malicious transfer of property. 5. When the only house is being executed, they should actively assert their right to reside and cooperate with proper relocation. Legal basis: Articles 1062, 1064, and 1089 of the Civil Code of the People's Republic of China (effective January 1, 2021); The Supreme People's Court's "Regulations on the Seizure, Detention, and Freezing of Property in Civil Enforcement by People's Courts" (effective January 1, 2005); The Supreme People's Court's "Regulations on Several Issues Concerning the Handling of Enforcement Objections and Review Cases by People's Courts" (effective May 5, 2015); Provisions on enforcement objections and enforcement objection lawsuits in the Civil Procedure Law of the People's Republic of China (amended in 2023); Specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the court can seal up the jointly owned property of the couple, but this does not mean that the spouse's share can be disposed of at will. Secondly, the division agreement of the jointly owned property needs to be recognized by the creditor, otherwise its binding force is limited. Thirdly, the action of partitioning property is a common way to determine the share, and the execution of the relevant property will usually be suspended during the litigation. Fourthly, the agreement on property and debts made at the time of divorce is valid internally, but it cannot necessarily be used against bona fide creditors. Fifthly, the execution of the sole housing will take into account the right to live, but it is not absolutely unenforceable. Sixthly, the execution and family legal relations are intertwined, and it is recommended to entrust a professional lawyer as soon as possible to coordinate the identification of the nature of the debt and the claim for the share of the property.

VI. Frequently Asked Questions

Q1: Can a spouse's debt be enforced against the couple's jointly owned property?

It depends on the nature of the debt. Debts that belong to the couple's joint debts can be enforced against the couple's joint property; debts that belong to individual debts can only be enforced against the debtor's share of the property, and the spouse's share should be protected.

Q2: What should I do if the couple's jointly owned property is sealed up by the court?

You can raise an objection to the enforcement as a third party, explaining the nature of the property shares and the debt; if you are not satisfied with the ruling on the objection, you can file a lawsuit against the enforcement objection in accordance with the law, and claim to lift or adjust the enforcement measures.

Q3: What is a partition lawsuit?

This is a lawsuit to determine the shares of each party in the jointly owned property. The co-owners can initiate the lawsuit, and the applicant for enforcement can also file a lawsuit on behalf of them. After the court grants permission, the enforcement of the property is usually suspended during the litigation period.

Q4: Is it useful to stipulate in the divorce agreement that the property belongs to one party?

The agreement is valid within the couple, but it cannot automatically be used to oppose creditors. If the agreement is genuine, the property registration and the flow of funds are clear, and there is no malicious collusion to evade debts, it can be used as a basis for determining the ownership of property rights.

Q5: Will the only housing be subject to enforcement?

It may be executed, but according to the law, it is necessary to protect the basic living rights of the person subject to execution and the family members they support. In practice, it is usually necessary to properly resettle them or provide corresponding safeguards before proceeding with the execution.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm about specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence to avoid missing the statutory time limit.Legal services for creditor-debtor disputes·Attorney Yuan Hang·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.