Background

A financial company applied to enforce a judgment in a financial loan contract dispute against F. A third party, G, filed an objection, stating that she remained married to F; that after marriage they had purchased a flat in Baoshan District registered in F’s name; and that the property, or her share of it, should not be treated as available to F’s creditors.

Issues

Whether a spouse who is not a party to the judgment may object to enforcement against matrimonial property; how the court distinguishes the debtor’s share from the non-debtor spouse’s share; and the burden of proof on the source of funds.

Outcome

The court examined the objection and determined the extent to which the property could be enforced, protecting the non-debtor spouse’s share while preserving the creditor’s ability to enforce against the debtor’s interest.

Note

Objection proceedings under Article 227 of the Civil Procedure Law are the correct route; a separate action is required where the objection is dismissed and the third party asserts a substantive right.