People who have over-indebtedness there are many, and undoubtedly a significant number of them have a spouse. The extent to which a spouse is liable for obligations depends, among other things, on the property regime that prevails in the marriage. In other words, whether the spouses have joint property, or maybe each spouse has personal property, or whether we are dealing with a situation where part of the property is joint and part is personal.
Under the provisions governing consumer bankruptcy proceedings, an important issue is whether there is community of property between the bankrupt person and his or her spouse, or whether this community of property ceased before the declaration of bankruptcy.
As a rule, if there is community of property on the date of opening of consumer bankruptcy, the community of property ceases by operation of law, and the joint property of the spouses forms part of the bankruptcy estate, which serves to satisfy the claims of creditors.
What happens if the community of property ceased before the declaration of bankruptcy? Is the termination of community of property based on divorce, a court decision or a property agreement treated in the same way?
The legislator has introduced certain mechanisms aimed at protecting the good of all creditors and preventing abuses in the form of "siphoning" joint property from the bankruptcy estate.
Time intervals have been introduced after which the termination of the community of property is considered effective with respect to the bankruptcy estate. However, if the time interval specified in the regulations has not been observed, then such an agreement has no effect on the bankruptcy estate, and therefore the bankruptcy estate includes the entire joint property of the spouses.
What time interval are we talking about? To find the answer to this question, we encourage you to read article.
If you have not found answers to all your questions, we also encourage you to contact us to seek advice from our specialists who will clarify any doubts you may have regarding property relations and their impact on bankruptcy proceedings.
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