One spouse’s personal debt: enforcement against the marital home

One spouse’s personal debt can affect marital community property. This does not mean the other spouse has no procedural role or that the entire home is always sold for that debt.

Check the property regime and debt

Article 502 of the Civil Procedure Code permits enforcement against a common asset and allows the non-debtor spouse to identify sufficient available assets belonging to the debtor. Subject to the statutory conditions, enforcement against the common asset is suspended after inventory and may resume if the identified assets fail to satisfy the claim.

The enforcement officer must notify the non-debtor spouse. Article 503 provides rights to challenge the debt and enforcement acts under the applicable conditions. Check whether the debt is genuinely personal and whether a mortgage or separate liability changes the analysis.

Immovable property has a specific rule

Article 504(2) refers to Article 500: the entire property is inventoried, but ordinarily only the debtor’s ideal share is sold; the whole property may be sold with the other co-owner’s written consent. Do not mechanically apply to a home the rule about paying half the proceeds after sale of a common movable asset.

Article 505 permits the non-debtor spouse to prevent the sale by timely payment of the statutorily defined equivalent and provides a preference when bidding. These rights have precise conditions and timing, not a general entitlement to buy later. Under Article 506, greater contribution cannot be asserted against the creditor in these cases. Protection of a sole home requires separate assessment.