What You’ll Learn in This Article

– When a bailiff can target joint marital property (SJM)
– What applies to debts incurred before marriage
– How to defend yourself – exclusion action, reduction of SJM
– Common mistakes people make
– A lawyer’s recommendation on what to do first

⚖️ One Spouse’s Debt ≠ the Other’s Immunity

In many cases, if a debt was incurred during marriage, it can be enforced from the joint marital property – even if only one spouse signed for it, and the other had no knowledge.

Typical scenarios:

• consumer loans without the other spouse’s awareness

• business debts of one spouse

• guarantees for someone else’s loan

Unless otherwise agreed, debts and assets are shared during the marriage.

📅 What If the Debt Originated Before the Marriage?

If the debt is pre-marital, enforcement should apply only to the debtor’s personal property, not the jointly owned property.
But be careful:

– Bailiffs often seize joint accounts or assets without thoroughly checking ownership
– You need to actively defend your property – for example, via an exclusion action under Section 267 of the Civil Procedure Code

🚫 What Can and Can’t Be Seized?

Can be seized:

• bank accounts held in the debtor spouse’s name

• assets acquired during the marriage (unless SJM is reduced)

• the debtor’s share in jointly owned property

Should not be seized:

• assets solely owned by the non-debtor spouse (e.g., inheritance)

• salary deposited into the non-debtor spouse’s account – though this is often frozen unless clearly proven otherwise

🛡️ How to Defend Yourself – Legal Tools

• Exclusion action – to recover property that is yours alone

• Motion to halt enforcement against you – if the bailiff overstepped

• Reducing SJM through a notarial deed or court decision – valid for future enforcement actions

⚠️ Most Common Mistake: Doing Nothing

Many believe that if it’s “the spouse’s debt,” it doesn’t concern them. But the bailiff won’t wait – they’ll seize what they can first. Only then can you file motions or lawsuits.
And by that time, the damage might already be done – frozen account, seized items, lost money.

💬 Recommendation from a Lawyer

I see this regularly: one spouse borrows without the other knowing, and then comes the shock – enforcement. Don’t wait.
✅ If you’re aware of a debt, proactively reduce your SJM (notary, court).
✅ If enforcement has started, quickly find out what was seized and who owns it.
✅ Contact me – I’ll help you react quickly and defend your rights before it’s too late.