After the parties have obtained the winning judgment, they all hope to realize the creditor's rights as soon as possible through the enforcement procedure of the court. During the execution of the debtor, in many cases, the issue of the determination of the joint property of the debtor's husband and wife will be involved, and the related enforcement objection cases are frequent. When one spouse is the person to be executed, whether the court can directly execute the property acquired during the marital relationship in his personal name, and whether his spouse can exclude the execution from the common property, etc., there are certain disputes due to the lack of clear legal provisions.

Courts in various places do not support the objection of the spouse of the person being executed against the common property of the husband and wife to exclude the execution. However, some courts have given other relief procedures to the spouse of the person being executed, such as realizing the subject matter of execution during the execution procedure. After dividing the price or exercising the right of first refusal to realize the right, there are also cases where the share is directly confirmed by the judgment of the enforcement objection, or the rights are confirmed through another lawsuit and the execution is suspended.

However, whether it is through the enforcement objection lawsuit or the procedure of filing a separate right confirmation lawsuit, the enforcement applicant will face the situation that the enforcement measures cannot be started temporarily, and the creditor's rights cannot be realized temporarily. It is necessary to safeguard their legitimate rights and interests and increase their litigation burden through the lengthy enforcement objection and enforcement objection litigation procedures.

Therefore, in the enforcement of the joint property of the husband and wife, there is still a long way to go to balance the interests of the applicant for enforcement and the spouse of the enforced. Based on the current judicial practice, it is more appropriate for the creditor to treat both husband and wife as the subject of the contract when signing a credit agreement such as guarantee and loan, and treat both the husband and wife as co-defendants when suing for claims. Avoid having to sue the other party separately in the future, and request the court to determine that the debt is a joint debt of the husband and wife, and the other party also needs to bear the responsibility for repayment.