What you’ll learn in this article:

– what falls under joint marital property and when it can be enforced against
– how to protect yourself if only one spouse is in debt
– the risks of shared bank accounts, household items, or jointly owned property
– when reducing joint marital property makes sense (and when it’s too late)
– and why “not being the debtor” is often not enough

1. What is joint marital property and how does it relate to enforcement?

Joint marital property (SJM) arises automatically upon marriage, unless altered by a prenuptial agreement or later modification. It usually includes:

• earnings of both spouses

• movable and immovable assets acquired during the marriage

• savings, cars, investments – and, in some cases, debts

If one spouse is a debtor, the bailiff can enforce against joint property – even if the asset was acquired by the other spouse.

2. Can the bailiff seize the non-debtor spouse’s assets?

Yes – if the asset is part of the joint marital property. This includes:

• bank accounts in the name of the non-debtor spouse

• shared household items in the couple’s home

• jointly owned real estate purchased during the marriage

• income and salaries deposited into joint accounts

📌 A bank account held solely in the wife’s name may still be treated as joint property.

3. Exceptions and possible defenses

The bailiff generally cannot seize:

• property excluded from SJM (e.g., inheritance, gifts, pre-marital assets)

• assets proven to belong solely to the non-debtor spouse

• property removed from SJM by agreement or court order

If the bailiff unlawfully targets non-debtor property, you can file:

• a motion to exclude an item from the enforcement list

• a motion to stop enforcement in part

• or a separate exclusion lawsuit

4. What is “narrowing the SJM” and when is it useful?

Spouses may narrow or exclude joint property by notarial deed. This can be done:

• before marriage (prenuptial agreement)

• during marriage (by agreement or court ruling)

⚠️ However, such changes take effect only from the date of entry – they are not retroactive. So if enforcement has already started, the new arrangement might not help.

Still, narrowing SJM can prevent future issues or protect assets from new debts.

❌ Common risks people overlook

• a personal account ≠ separate property

• salary payments can be targeted retroactively

• even an “innocent” spouse can lose their car or furniture

• enforcement may apply to jointly mortgaged property

• an asset registered under one spouse may still fall under SJM

👩‍⚖️ Lawyer’s recommendation

✔ If your spouse has debts, consider narrowing your joint property
✔ Check what falls under SJM in your household or real estate
✔ If enforcement hits your separate property, act fast
✔ Use legal motions or exclusion lawsuits to defend your rights
✔ Don’t wait – a consultation may save your property

🧾 Client story

One client shared a joint account with her husband. He had old unpaid debts. When enforcement resumed, the bailiff froze the entire account – including her salary. She thought that because the account was “hers”, it couldn’t be touched.

With legal help, she filed for exclusion of part of the funds. Then, the couple arranged to narrow their joint property, so it wouldn’t happen again.