According to Article 19 of the Marriage Law now in force, the agreement between husband and wife on the property acquired during the marriage and the premarital property shall be binding on both parties.
Where a husband and wife agree that the property acquired during the marriage should be owned by each of them, the debts incurred by one of the spouses shall be settled by the property owned by the other spouse if the third party is aware of the agreement.
Supreme People's Court on the application of the Marriage Law on a number of issues of interpretation (2)
Article 25: the parties to the divorce agreement or the people's court's judgment, ruling, conciliation has been dealt with the issue of division of property of husband and wife, the creditor still has the right to husband and wife * * * * together with the debt to the men and women to claim their rights. The people's court shall support the claim of one party to recover from the other party on the basis of the divorce agreement or the legal documents of the people's court after he or she has assumed joint and several liability for the ****same debt.
Article 26: In the event of the death of one of the husband or wife, the surviving party shall be jointly and severally liable for the *** same debt during the marriage.
According to the Civil Procedure Law that came into force on January 1, 2012
Article 227: In the course of execution, if an outsider files a written objection to the subject matter of the execution, the people's court shall examine it within 15 days from the date of receipt of the written objection, and, if the grounds for the objection are substantiated, shall rule that the execution of the subject matter shall be suspended. If the grounds are not established, it shall rule to reject it.
February 4, 2015 Supreme Court on the application of civil procedure law interpretation.
Article 465: The objections raised by outsiders to the subject matter of execution shall, after examination, be handled separately in accordance with the following circumstances.
(1) If the outsider does not enjoy an interest in the subject matter of execution sufficient to exclude compulsory execution, the ruling shall reject his objection.
(2) If the outsider enjoys sufficient rights and interests in the subject matter of the execution to exclude compulsory execution, the ruling suspends the execution.
On the outsider law does not give instructions and explanations, baidu encyclopedia of the outsider refers to in addition to the parties, their legal rights and interests due to the implementation of the act may be infringed upon, and the implementation of the subject matter of the person with an interest, such people do not participate in the case, but with the judgment of the case of the third party has an interest in the case. Therefore, any spouse, who meets the conditions of an outsider, can file an objection with the People's Court.