In the process of execution, there is no property under the name of the person subjected to execution that can be executed, but the spouse of the person subjected to execution has a house, a car, or a deposit. According to the law, the joint property of husband and wife can be sealed up, detained and frozen, but this is only limited to the joint property, and personal property cannot be enforced. Therefore, if you want to preserve your house from being enforced, you must prove that the house is the personal property of the spouse of the person being enforced.
Legal basis
Article 1 of the Provisions of the Supreme People's Court on the People's Court's Execution of Mortgaged Houses, the people's court may seal up the houses owned by the person subjected to execution that have been mortgaged according to law, and may auction, sell or pay off debts according to law according to the application of the mortgagee.
Article 20 of the Provisions of the Supreme People's Court on the People's Court's Execution of the House with Mortgage, "In the execution of monetary claims, if one of the following circumstances is met, the people's court will not support the objection raised by the person subjected to execution on the ground that the subject of execution is the residential house necessary for his own life and that of his reconsidered family members: (1) . The person who has the obligation to support the person subjected to execution has other residential houses that are necessary for living (II). After the execution basis comes into effect, the person subjected to execution transfers other properties under his name to avoid debts (III). The applicant for execution provides residential houses for the person subjected to execution and his dependants according to the local standard of affordable area of low rent housing, Or agree to deduct the rent for five to eight years from the price change of the house by reference to the average rent standard of the local house rental market. " Accordingly, even if there is no mortgage set for the house, the court can still enforce its only house if the person subjected to execution has the above conditions.
