Research On The Division Of Common Property Of Husband And Wife In The Implementation Of Personal Debt

With the development of social economy,the improvement of women's social status,market diversification and other factors,both husband and wife as independent individuals participate in economic activities more and more,and the proportion of personal debts during the relationship between husband and wife also increases.When a dispute arises between a spouse and a debtor,how to determine the nature of the debt,how to distinguish between the personal property and the joint property of the spouse,and how to divide the share of the personal property in the joint property of the spouse is a problem that needs to be solved in practice.However,the current law in China has lags and contradictions in the refereeing standards for matrimonial property cases,and the new economic forms emerge in an endless stream,leading to the confusion of personal debts and common debts,personal property and joint property of the husband and wife in judicial practice,which in turn leads to the execution of the husband and wife property.The number of disputes has increased year by year.Through the statistics and analysis of the cases involving the implementation of joint property of husband and wife in the implementation of personal debts in SX Province,this paper finds that the ambiguity of debt characterization,the simple implementation of real estate,the lack of special common property and the legal consequences of personal debt are the couples in personal debt.Three prominent problems in the division of property.The article starts from the legislative and judicial aspects,analyzes the current laws and regulations and practices,and proposes a solution with strong operationality.In order to make some contribution to the solution of the problem of the joint property division of the husband and wife in the execution of personal debt.