Married Debtors

In order to ease enforcement orders involving moveable property belonging to married couples, it is for the benefit of the creditor juris et de jure assumed that the debtor is the only holder and owner of the goods to be attached. This assumption, however, does not apply to cohabiting single partners. For the benefit of the creditor it is furthermore juris et de jure assumed that the goods in possession of both spouses belong to the debtor. If the spouse can prove that he/she is the owner, and the creditor does not return the goods, the spouse as 3rd party debtor can appeal.

In order to be able to enforce, right from the start, an enforcement order against a married couple – as co-debtors - right from the start you are advised to conclude a contract with both spouses in which case an enforcement order can be requested against both spouses.