Hongyan Zhou
Law School, Southwest Petroleum University, Chengdu 610500, Sichuan, China.
*Corresponding author: Hongyan Zhou
Abstract
In China, when the person subject to enforcement has no personal property available for enforcement, the court has the authority to enforce the co-owned property with others to protect the legitimate rights of creditors. In the current context of China, co-owned property is predominantly generated through family ties, with the highest proportion being that of spousal relationships. Personal debts frequently end up entangling marital joint property, which, during the enforcement process of the marital joint property, confronts an intricate web of interests involving the creditor, the debtor, and the debtor's spouse. In practice, texecuting joint property is beset with numerous obstacles. Considering that real estate constitutes a substantial and pivotal asset within both individual and joint property, and serves as a key enforcement target in financial and creditor rights actions, this article delves into the pertinent enforcement issues concerning marital joint real estate. To realize the creditor's rights without infringing upon the rights of the non-executed spouse, a unified execution procedure must be established by the judiciary.
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How to cite this paper
The Execution Dilemma and Solution Path of Jointly-owned Houses by Couples: From the Perspective of Legal Application and Rights Balance
How to cite this paper: Hongyan Zhou. (2025) The Execution Dilemma and Solution Path of Jointly-owned Houses by Couples: From the Perspective of Legal Application and Rights Balance. Journal of Humanities, Arts and Social Science, 9(6), 1196-1200.
DOI: http://dx.doi.org/10.26855/jhass.2025.06.025