A Study On The Enforcement Of Marital Property

The characteristics of the implementation of husband and wife's common property are the difficulty of finding,identifying,disposing and punishing the transfer of common property,For the personal debt of one husband and wife,there are disputes in both practical and theoretical circles about whether to use the joint property of husband and wife to pay off the personal debt.Moreover,if the joint property of husband and wife can be used to pay off the personal debt,there are also practical problems such as joint property identification,share division and objection relief.In practice,there are great differences in the guiding opinions and judgment results issued by different local courts,It undermines the unity and authority of the law.In practice,there are great differences in the guiding opinions and judgment results issued by different local courts,which damages the legal authority and is not conducive to the realization of the expected rights and interests of the parties.Practice on the implementation of husband and wife joint property in China.It should be clear that paying off debts is the case of dividing joint property within marriage,and a husband and wife joint property registration system should be established;While giving the executive organ the authority to examine and determine the joint property of husband and wife,we should further optimize the court's executive investigation and control system;While ensuring the realization of the creditor's interests in winning the lawsuit,we should give consideration to the relief of the spouse's rights of the person subjected to execution.The judicial authority of the couple's joint execution should be further optimized;While ensuring the realization of the creditor's interests in winning the lawsuit,we should give consideration to the relief of the spouse's rights of the person subjected to execution.