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When you can start bankruptcy after the divorce. Bankruptcy spouse

Advice
08.06.2020

Would you like to get rid of debts in one fear? Probably, this is the dream of most Russians, taking into account the crisis and the general financial position in the country. And such a procedure is possible, moreover, legally! This is bankruptcy individuals. It is no secret that she flows through the realization of the property. What does it mean? That's right, the property of the debtor is selling for settlements with creditors.

Now let's consider the situation: let's say a man, Nikolai, took 3 credits, but as a result of the disease could not pay. Without thinking, Nikolai appealed to the court with a bankruptcy statement. The debtor has property, as well as a wife and two children. And now attention, the question is whether the joint property of spouses is taken into account during bankruptcy?

Perhaps this is the most hot question that occurs in the bankruptcy of the spouses. Agree, not everyone is ready to lose everything that has been gaining for long years. Does the spouse responsible for the debts of her husband or his spouse for his wife's credit? Let's find out!

Responsibility of the spouse for the debts of another during bankruptcy

So, the basic rule: the property that was acquired in marriage (bought, built) is shared. With the exception of gifts and inheritance, they are considered to be the personal property of the spouse.

For example, back to our debtor. Nikolai and his wife Irina for 10 years of marriage have come apart, household appliances, furniture, car, cottage. However, Nikolai still inherited an apartment from her grandmother in the historical part of St. Petersburg, worth 6 million rubles. Accordingly, if the spouses decided to divorce, then Babushkin real estate remained at Nicholas. But! In the bankruptcy of Nicholas, the cherished apartment will be implemented in the first place. As well as joint ownership of spouses in the bankruptcy of individuals. With the insolvency of Irina, the inheritance of Nicholas will not be touched, they will sell only common car And the cottage.

If we turn to paragraph 7 of Art. 213.26 No. 127-FZ - Bankruptcy Law, we learn that everything that belongs to the debtor and his spouse, qualifies as common property Spouses and sells as part of a citizen bankruptcy. How?

  1. Property is withdrawn and implemented.
  2. Part of the money laid out to another spouse for sold property.
  3. The remaining money satisfies the creditors' claims.

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Marriage contract

A reliable way to protect the joint property of spouses in bankruptcy is to conclude a marriage contract. In writing to determine what property to whom of the spouses will get in case of divorce.

But! Remember, such a deal in no case should be improved before bankruptcy. Otherwise, the court considers that she was concluded by creditors, and recognizes insignificant. The ideal option is to sign a marriage contract in the marriage process.

If there is a contract after the bankruptcy of the spouse-borrower, the other side will remain at its own. For example, if the wife owns a house and a car, and the husband is a garage, the lenders cannot pay for its property under the bankruptcy of her husband.

Divorce and Section of Property under the Bankruptcy of the Spouse

The topic of the bankruptcy of individuals in relation to the former spouses is perhaps the most interesting. Let's consider various situations.

  1. Divorce of spouses during bankruptcy. If the husband and wife decided to divorce after submitting a bankruptcy statement, the property is divided by decision Arbitration Court. Property will be considered common, and the division of spouses in bankruptcy will be carried out in the order: seating → Sales → Allocation of 50% of the remedy funds to the bankrupt spouse → Distribution of the remaining amount between creditors.

    2. Is the spouse responsible for the bankruptcy of the spouse after the divorce? Definitely - no. Similarly, the spouse is not answered by the husband for the debts of her husband after a divorce. The fact is that all the property is divided back at the stage of divorce: either according to the settlement agreement (for example, if the divorce took place in the registry office), or by the court decision.

    Note that lenders who believe that the concluded agreement violates their rights, has the right to challenge the marriage contract in judicial order. If the spouses did not sign the contract on the division of property, with the personal bankruptcy of one of them the second will have to enter into the case and ask the arbitration court to allocate its share.

Of course, the property of the divorced person, acquired after the dissolution of marriage, is not related to the bankruptcy of the former husband or wife.

Bankruptcy of spouses on a joint statement

For 2015-2019, precedents occurred when the section of the property of spouses during insolvency was not carried out for one reason - the spouses jointly recognized bankruptcy. Such an example can serve a married couple in Novosibirsk, which the court rejuvenated by bankrupt.

Interestingly, in most countries, bankruptcy is recognized only separately, and the division of property during bankruptcy occurs general rulesThat is, the share of bankrupt spouse is standing out. As a rule, in the amount of 50%. However, in Russia, the bankruptcy of both spouses in one thing is possible.

An example of joint bankruptcy of spouses can serve judicial decision In case No. A45-20897 / 2015, adopted in Novosibirsk. In the case, we are talking about joint bankruptcy of Kuzmin's spouses.

Mortgage apartment in the bankruptcy of one of the spouses

Many potential bankrupts appeal to the concept of "only housing". Yes, indeed, the legislation provides that if the spouses have a single home or apartment, it will not be taken. She will not enter the competitive mass, in contrast, for example, from bank accounts and cars.

But! Such housing is not recognized by a mortgage apartment / house. With debts, banks are interested in selling the inclined object. If an apartment with a mortgage is recorded on the bankrupt spouse, it is sold. If the mortgage was framed on the spouse, and the wife performed as a guarantor or co-coacon, both are completely responsible for debts. That is, mortgage housing is realized, funds go on debt repayment, and no one will return her to his wife.

The consent of the spouse for the sale of property under bankruptcy

And finally, the question is whether the consent of the second spouse is necessary for the sale of spouses in the bankruptcy of the physical? There is no need. The law determines that jointly paid property is subject to sale during bankruptcy, but the second spouse simply receives his share of revenue from the sale. The realization of family property at consumer bankruptcy is based on a court decision. At the same time, the spouse of the bankrupt is entitled to participate in the procedure. That is, he becomes a member of the case.

Judicial practice about the joint bankruptcy of spouses

Now let's consider an example from the practice of ships on the division of the property of spouses during bankruptcy.

Case number A07-22918 / 2015 dated September 27, 2016, Court of Appeal in Chelyabinsk.

As it became known, the bankrupt over the year before the procedure carried out a deal of gift in favor of his daughter, after heeping her apartment. After the alienation of bankrupt, it remained to live in this apartment. The final management of the debtor filed an application for recognition of the transaction invalid, but the AU first instance refused. Court of Appeal Recognized the deal invalid. Basins:

  • it was carried out in harm to creditors;
  • at the time of signing the document, the debtor had signs of bankruptcy.

Accordingly, in the section of the joint property of spouses, not only bankrupt transactions, but also his spouse.

You want to recognize yourself with bankrupt, but do not want to risk joint property? Contact professional lawyers! We will conduct a legal analysis, we will advise on the property, as well as help protect the interests in court!

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Video on the topic. Solovyov: Law on Bankruptcy Individuals

Family life implies not only mutual rights and duties - the personal bankruptcy of the spouse will affect his wife. And if her husband and wife have overall debt obligations, the courts are recommended to conduct joint bankruptcy. When it is possible and justified - find out below.

Is the property of spouses in bankruptcy

Let's start with the fact that the joint property, the spouses in marriage (Art. 34 of the RF IC), in the event of a bankruptcy of one of them will be implemented. Avoid sale common property Will not succeed. However, joint property in bankruptcy will not be fully aimed at repaying the debt of the bankruptcy-based citizen - after all, according to claim 1 of Art. 45 SK Wife for the debts of her husband does not answer, like a husband on loans for their faithful.

What property is taken in bankruptcy for sale, and what - do not have the right to remove, we wrote in detail in this article.

In any case, the jointly acquired property in bankruptcy will be included in the competitive mass and subsequently implemented. Consider what is happening with the property of spouses in the bankruptcy of the physical.

Seizure and sale of common property of spouses

In practice, the procedure for implementing a faith in marriage is as follows:

  1. The final guideline forms a competitive mass. Includes belonging to the debtor: sole, share and general family property. Eliminates the protected art. 446 GPK.
  2. The implementation process is carried out during open auctions.
  3. The share of the spouse is compensated for him in cash equivalent.

If the property of his wife in the bankruptcy of the husband is sold, money will be returned for her. True, psychological discomfort will not be compensated.

When beneficial joint bankruptcy

Bankruptcy of spouses in one procedure is the optimal solution when the husband and wife have common lenders. Common situation is mortgagewhich spouses are co-coaches. Either everyone took loans and microloans, but spent them into common needs - education, repair, accumulated duty on housing and communal services. Combining bankruptcy procedures in one case, you will receive:

  • the chance to get rid of joint debts without presenting creditors to the spouse requirements. For example, a wife took a loan (designed for himself), bought a car. With the bankruptcy of her husband, the car will be sold, the woman will receive half revenue from trading. But the loan will remain on it, they will spike only the husband's debts. And with the joint procedure, loans and loans both are repaid;
  • ability to reduce time on recognition financial insolvency - compared with the alternate bankruptcy of both spouses;
  • reducing expenses: state duty, finishing, publication of bankruptcy information;
  • increasing the chances of the debt restructuring: the income of one spouse may not be enough to approve the plan, but the second salary can ensure the introduction of restructuring and preserve the property of spouses.

The union of the bankruptcy of the spouses is a non-standard procedure, but the Armed Forces of the Russian Federation directly indicated that it is possible "for procedural economy." The law on the bankruptcy of individuals does not prohibit bankruptcy together, but it is necessary to convince the court in the need and justification of this step.

Often to cope with this task for only experienced credit lawyers.

Bankruptcy of the former husband - the consequences for the spouse

Divorce does not always avoid the realization of the property acquired in marriage. Although citizens-bankrupt citizens are resorted to this method, trying to hide values \u200b\u200bfrom creditors, leave everything in the family. The bankruptcy of the former husband has a number of nuances:

  • if you are a guarantor or a co-worker of the former husband, then in the case of an announcement by bankrupt, the Bank will set you the requirements for the payment of a loan - after all, with the termination of the marriage obligations on loans are not canceled;
  • if the divorce took place over the past three years, even worse - immediately before submitting a former spouse for bankruptcy, an agreement or a court decision on an unequal division of property can challenge, and all transactions with it - to cancel;
  • if the divorce occurs simultaneously with bankruptcy, the property section is perceived as an attempt to hide / withdraw property. Lenders will be able to even participate in judicial process about the section or appeal with the ownership if the court decision ( world Agreement) infringe on their rights.

On the other hand, if the solidarity responsibility of the spouses on loans is not provided, and from the moment of the timing process, more than 3 years have passed, then it is not necessary to be afraid. Then the bankruptcy of one of the spouses will not affect his former "second half."

Property in civil marriage

To begin with, it is worth understanding that in the current russian legislation This concept is not enshrined as "civil marriage", despite the fact that even the judges use this term. The concept of common property and the procedure of its section does not apply to civil marriage. The principle works here: whom is recorded - he owns.

In other words, if you live in a civil marriage (not painted in the registry office), and the partner decided to submit to bankruptcy - the procedure will not have a relationship. Except for cases when there are general loans, the obligation to pay which the credit agreement is enshrined.

The property purchased in civil marriage is in the undivided use of its acquire and to the joint not applicable.

For example, the couple bought an apartment together, but the real estate is decorated only for a woman. With a bankruptcy of the cohabitant, include it in the competitive mass and to sell to repay debts does not require. A legally civil husband has no right to this housing.

Bankruptcy of spouses: judicial practice

Our specialists have developed extensive judicial practice, if you are interested in learn more, how the property of spouses is distributed during bankruptcy, is it possible to become bankrupt with bankruptcy, refer to the company's lawyers by phone or through the online chat form.

Bankruptcy lawyer citizens

Bankruptcy is the only one legitimate way Liberation from debts.

Only the Arbitration Court can recognize the debtor's citizen bankrupt.

After the entry into force of the Bankruptcy Law of Individuals, the ruling of Sun No. 45 dated October 13, 2015, which indicated that the spouse's property may also be included in the competitive mass. After the sale of the common property, the second spouse receives a part in the monetary equivalent, but its cost can be significantly lower than in the case of free from obligations.

Recall that in 2017 there were cases of joint bankruptcy, when all common property, acquired during the marriage, was included in the competitive mass, without the subsequent allocation of shares.

Learn how to achieve 100% of the successful debt write-off in court

How the question of jointly proven property decides during bankruptcy in 2020, how real is the threat of the whole family to remain literally without the roof over his head and is taken into account by the property of the second spouse in bankruptcy, consider further.


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Is the property of spouses take into account during bankruptcy?

To answer this question, will understand in the subtleties Family Code RF. There are 2 legal terms:

  1. Common property of spouses. Under it is understood by all types of property rights and values, income, other material benefits acquired in marriage, general bank accounts. It is applied to the section of the property of spouses in bankruptcy.
  2. Personal property of spouses. It includes acquired before marriage property rights and values, as well as acquired during the marriage by receiving a gift or inheritance.

But this is true only if there is no marriage agreement regulating the property rights of spouses.

The bankruptcy procedure implies the division of property if the potential bankrupt is in legitimate marital relations with his spouse.

Important! The property acquired in civil marriage is not taken into account as jointly acquired, in this case the property is considered solely belonging to whom it is issued on documents.

How is the property of spouses?

The procedure for bankruptcy of a citizen and the implementation of the common property of spouses occurs in this order:

  1. The court considers the case of the personal bankruptcy of the individuality, the decision to implement the property is made.
  2. The final project produces an opis and assess joint ownership of spouses in bankruptcy.
  3. Pieces of husband / wife are distinguished.
  4. Bidding is carried out, after which the bankrupt share is intended to calculate with creditors, the share of the second spouse returns to it after the sale.

According to the provisions of Art. 45 IC of the Russian Federation, each of the spouses can take advantage of its share of property in the event of the claims of creditors.

For example, if a man took a loan on the security of real estate, where he lives with his wife, then his share in the apartment / house will be considered a deposit.

If the insolvency is recognized, the wife / husband can take a share (the whole house is realized), but after the procedure it is returned to her part in cash. Again, this is possible only if the house / apartment is not the only housing of spouses or are the subject of pledge.

If the spouses live in one house and there are no more at home or apartments in the property, then such a single housing will not be able to pick up. With any amount of debt, the house will remain owned by spouses.

However, if your home is secured, it can be implemented in favor of creditors, and only after that recognize bankruptcy.

Let's also deal with whether it is necessary to obtain the consent of the spouse for the sale of property during bankruptcy? If you believe that the opinion of the wife or husband of bankrupt will be asked in court, you are mistaken. The implementation mechanism is clearly described in No. 127-FZ and in a number of legislation - nowhere is not provided for obtaining an agreement in the bankruptcy of one of them.

Accordingly, the section of the property of spouses under bankruptcy, although it is carried out on the initiative of the court, managing or debtor creditors, but the legislation also contains a list of things that cannot be seized. For example, household items and devices in the house.

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Divorce and section of joint property under the bankruptcy of the spouse

Let's look at the possible property situations of the spouse:

  1. Divorce during bankruptcy. Even if the procedures were initiated simultaneously, they will take place in the following order of the priority: first - the divorce and section of the property, then bankruptcy. The final guidelines will not be able to allocate the share of the debtor, if it is not clear that it belongs to the end.

    Divorce during bankruptcy practically nothing will decide - the final guidelines have the right to attract the property of the spouse in the bankruptcy of her husband, as the opposite.

    It should be borne in mind that the divorce and section of property under bankruptcy can be regarded as a debtor's attempt to hide part of their real financial condition, and this is fraught with criminal prosecution.

  2. The property of former spouses in bankruptcy. By applying for a court, a citizen must also provide a copy of the certificate of concluding or terminate, if less than 3 years have passed since the record. This is due to the fact that all bankruptcy transactions held in the last 3 years can be canceled by the court.

    Including can be implemented joint property spousesSo the property of the former spouse. For example, the property of his wife in the bankruptcy of the former husband can be implemented to cover debts. However, this applies only to the property acquired during a marriage.

    Whether the spouse is responsible for the bankruptcy after the divorce or whether the spouse is responsible for the debts of her husband after divorce, the answer is unequivocal - if less than three years have passed since the divorce, then yes.

  3. Mortgage after divorce. There is a separate question. The fact is that there is such a concept as a subsidiary responsibility. That is, if one of the spouses will stop paying the loan, then the other must pay from his pocket. Even after the divorce.

    Accordingly, if two former spouses, being in a legitimate marriage, have taken a mortgage loan, then after divorce and the section of the property, it is easy to "forget" about it. In this case, the husband and wife will be responsible for their property.

Is joint bankruptcy of spouses possible

In the practice of arbitration courts of the Russian Federation there are precedents when the procedure was initiated simultaneously in relation to her husband and wife. Bankruptcy of both spouses in one thing is relevant in the case of equal payable claims: as a rule, if there is a mortgage of the spouse, and in the case of which they are coaches.

Joint bankruptcy of spouses in one procedure, despite the fact that it is not directly spelled out in the Bankruptcy Law No. 127-FZ, there is a place and allows:

  1. Twice reduce the cost of payment of state duty (300 rubles instead of 600).
  2. Reduce the costs associated with the payment of the financial manager services (25 thousand rubles against 50 thousand).
  3. Avoid disputes regarding the order of repayment of debt between creditors in the division of the sale of spouses in bankruptcy.

In judicial practice, the bankruptcy of the spouses is less than 1% of cases considered in the arbitration court. The main reason for this: in current Laweven taking into account recent changes For 2017, there are no definitions of family bankruptcy in one procedure, and the judges make a decision to unite the bankruptcy of spouses independently, guided by its own vision of the situation.

But the law clearly established the responsibility of spouses in bankruptcy, which makes it possible to initiate a procedure for both family members.

Examples of judicial practice of joint bankruptcy of spouses

One of the first precedents was the decision on case No. A45-20897 / 2015, issued by the NEO Novosibirsk region. The commonality of the property, the type and features of the payable requirements imposed on the spouses are taken into account.

Since in this case, the initiation of two cases of the financial insolvency of citizens would only lead to an increase in court costs, the court decided to initiate bankruptcy procedure for two spouses at the same time. In 2019, bankruptcy on a joint statement was conducted 16 times, which indicates gaps in the legislation and the lack of information on the possibilities of bankruptcy in debtors.

Therefore, the best way out of the situation for debtors will appeal to professional help for lawyers. This will preserve joint property in bankruptcy and write off the accumulated debt.

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Documents for bankruptcy

Contrary to stereotypes, bankrupts are including quite successful people. In the risk area, such as top managers of large companies attract to subsidiary responsibility In the bankruptcy of the societies they control. In such situations, the presence of problems with one of the spouses can raise the risk of property of the whole family.

Often, being in a difficult situation, the husband and wife are trying to save family property, having transferred it to another spouse from the debtor (for example, on a marriage agreement). Sometimes they even formally dissolve marriage and share property in court. Next, we will consider the possibility of using family law institutions in such situations.

Marriage contract

Spouses can move away from the joint property regime, concluding a marriage treaty and defining in it, which assets to which of them will belong. It is quite often that such an option for the protection of family assets is selected. What are the pitfalls here?

Spouses are obliged to notify their lenders, including the conclusion of a marriage contract. Otherwise, the debtor's spouse is not entitled to refer to him. Also Supreme Court (h. 3 p. 9 of the Resolution of the Plenum dated 25.12.2018 N 48) when generalizing judicial practice Noted that the lender is not associated with the change in the regime of spouses, if debts arose before the conclusion of a marriage contract. This means that the assets rewritten on another spouse in this case still fall into the risk zone and recovery may be addressed.

Even if the spouses warn lenders about the presence of a marriage contract, when it is compiled, they should be considered possible requirements lenders and avoid substantial disproportion of shares of separated property. They can exchange some assets, but the principle of proportionality of shares must be observed. Otherwise, rewriting all assets on the second spouse can be easily challenged by creditors.

Is it possible to declare that the marriage contract does not save the assets of the second conscientious spouse from the lenders of the debtor's spouse? We believe that this is not quite so. Marriage contract primarily aims to settle property relations between spouses, and not to solve problems with creditors. With proper and timely preparation and conclusion of such a contract, it can serve as the maintenance of a part of assets.

The saying says that the sleigh must be prepared in the summer. To develop a marriage contract, which, among other things, will protect property and maintain it, including for future generations, it is also necessary long before the onset of "cold". The risk of challenging the contract drawn up, for example, when concluding a marriage, below compared with the challenge of the contract concluded on the eve of bankruptcy, since the lender will have to further prove a number of circumstances. It should be noted that a timely compiled marriage agreement may retreat from the principle of equality of the share within reasonable limits without additional risks for the property of the family.

Property section agreement

If the marriage contract establishes the property regime in relation to not only the assets with which the spouses are already owned, but also those that the family will acquire in the future, the section on the section applies only to the property that spouses own at the time of its conclusion.

In general, the same principles as the marriage contract are used to agree on the division of property.

Section of property in court

Another opportunity to change the ownership regime for family assets is a section of property in court (for example, when terminated by marriage). As practice shows, to such an option, citizens are resorted from time to time, including in the hope of secure property from creditors' claims.

It would seem that the marriage is terminated, the property is divided and its part remained in preservation of the former spouse. However, the Supreme Court in the above-mentioned resolution indicated that not only the agreement on the division of property can now be challenged, but also a court decision on the section if they violate the rights and legal interests lenders. Previously, such an appeal was extremely difficult.

What other opportunities have the opportunity from spouses?

In addition to the already marked family law institutions, the spouses in order to support the family and regulating property relations can pay attention to foreign mechanisms, such as discretionary trusts and private (family) funds.

Moreover, taking into account the growth of the number of international marriages, the use of such structures in certain cases may even be more appropriate compared to other instruments. At the same time, it is impossible to exclude the risk of challenging foreign mechanisms abroad, in particular, in the event of unfair actions of the founders in creating such structures and the transfer of assets in them.

In addition, taking into account the automatic tax information and a general increase in the transparency of ownership of assets in the world to such structures in the future will be more careful to understand whether interests were not violated, such as creditors, when creating and transferring assets. In this regard, we again come back to the question of the timeliness of their institution.

Therefore, if the spouses (or one of the spouses) plan to create foreign structures, you need to think about such important issues as the translation of assets, management and control, continuity planning, the presence of requirements of the lenders of spouses, as well as tax and other aspects.

Expert opinions of banks, financial and investment companies presented in this heading may not coincide with the opinion of the editorial board and are not an offer or recommendation for the purchase or sale of any assets.

Sometimes it happens that the wife does not know about the "debt" of a satellite of life. And report to her when it comes to bankruptcy and the sale of property at the auction. Every person must answer on debt obligations, so it is inappropriate to force his wife to pay debt to creditors in the bankruptcy of the satellite of life.

If the couple is still married

All that was acquired by spouses in marriage is shared. The exception is the property, presented to one of the spouses or the inheritance. It is considered to be the personal property of a husband or wife (about what property of spouses is not subject to section, including during the divorce, we told B).

Important! If the family couple has a single housing, it will not be taken away. The apartment or house in the competitive mass will not be included, unlike cars and bills in the bank. But housing taken into the mortgage is sold. With debts, banks are interested in such a property object being implemented.

If the pair is already divorced

The property, acted after the divorce by one of the spouses, does not have a relation to bankruptcy.

In this case former spouses are not responsible for each other's debts. All by if the divorce passed in the registry office or according to the court decision.

Is this procedure required?

With a bankruptcy of her husband, debt collection is made precisely from his property. But sometimes it is not enough to repay obligations. Then the risk of losing jointly acquired property appears.

Everything that is promoted during the family life of the spouses is common. Even if the spouse worked, and his life companion was to care for children. All that was received as a gift or purchased before joining the official marriage union is personal property. Therefore, the section of the property of spouses in bankruptcy will help not to remain "without anything."

Other conditions are established by the marriage contract. But in our country such an agreement is influenced. Hide the total property from creditors is difficult. In other words, with bankruptcy, property is not divided. If the spouse has a car htorated in marriage, and debts are in her husband, the car is subject to implementation. After that reversed cash divided in half. One half goes on calculations with creditors, and the second returns to another spouse.

Sometimes a citizen is trying to hide the costly good to court. He makes transactions on alienation. For example, the spouse makes a gift to his wife or relatives. Or concludes a marriage contract, on him all property goes to his wife. But lenders challenge such transactions in court. Therefore, before taking similar steps, you need to inform the Bank.

If the marriage contract signed, but the lender does not know about it, the property will not protect the property. He will be guided to repay debt to the lending agents.

Who can be the initiator?

Bankrupt status can get any citizen. He declares itself bankrupt to the bank on the following conditions:

  1. The total debt amount is more than 500 thousand rubles.
  2. There was a delay of payments for more than three months.

In this case, the bankrupt property can be divided. The initiators may be creditors or one of the spouses.

Lenders

The creditor may become the initiative to consider bankruptcy. It may begin a bankruptcy procedure and citizen himself.

The court may take the following decision:

  • On the conclusion between the parties of the settlement agreement.
  • Debt restructuring.

But in court, circumstances are established in detail, why a citizen became financially insolvent. Sometimes the facts of transferring property to other persons are revealed. Such actions qualify as an attempt to conceal property before the court and deception of it. For it comes responsibility, up to criminal. Deals of the debtor can be challenged.

After making calculations with creditors, a citizen, recognized bankrupt, from the subsequent execution of creditors' claims is released.

Husband or wife

The initiator of the property of the property during bankruptcy can be the second spouse. Such steps, the wife often takes the property to be sold out "with a hammer."

If the family has a threat of bankruptcy, it is necessary to assess the situation as follows:

  1. Find out what exactly is owned by the spouse.
  2. Determine what was purchased in marriage.
  3. Calculate where borrowed funds were spent. You need to answer this question. From this depends on the algorithm of the property section. It is necessary to take into account where the spouse spent money, on a family or personal needs. If the funds were spent in personal interests, for example, purchased commercial assets, they become a subject of recovery. It is not taken into account the receipt received from them.

If the loan was spent on personal needs, debt will collect from jointly accompanied property.

Should I submit to divorce?

Divorce and, accordingly, will not be salvation of real estateIf the debts appeared during the period of the marriage union. When it is terminated, it should be agreed as debt repayment will occur.

If the divorce occurred after submitting a bankruptcy statement, the property will be divided according to the decision of the Arbitration Court. That is, it will be considered common and the section will occur in the following order:

  1. Seizure.
  2. Implementation.
  3. Allocation from the reversed agents of 50% in favor of the second spouse.
  4. The distribution of the remaining amount between creditors.

From 2015 to 2017, there were already cases when the ownership of the property of her husband and wife was not made, as they both became bankrupt. In some country, bankruptcy is recognized only separately, and the division of the spouses is carried out according to the standard rules. A share of 50% share is allocated for a bankrupt's spouse. But in our country, other orders.

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