On the day of declaring consumer bankruptcy of one of the spouses, property is separated between the spouses. If the spouses remained in the community of property regime, the joint property of the spouses becomes part of the bankruptcy estate and its division is inadmissible.

The management of the property is taken over by a trustee appointed by the court. Spouses bear the consequences of declaring bankruptcy of one of the spouses. It does not matter who earned the fortune and in what amount. The bankrupt’s spouse may claim receivables for his or her share in joint property in bankruptcy proceedings. In such situation, the spouse should file a claim for a share in the joint property.

If the bankruptcy of one of the spouses remaining in the community of property regime is declared, the other spouse may claim receivables for their share in the joint property only in bankruptcy proceedings, submitting this claim to the judge-commissioner. However, there is no possibility to demand that the share in joint property be excluded from the bankruptcy estate.