Legal Uncertainty Related to Joint Bankruptcy of Spouses

The article raises the problem of vulnerability of joint property of spouses to creditors. The presence of legal gaps is the reason for heterogeneous court decisions in the issues of joint bankruptcy of spouses, making children and dependents unprotected. While reserving the right to consolidate or not to consolidate the bankruptcy cases of spouses, the courts do not take into account their financial losses, and may also err in choosing the object of legal relations. The situation is complicated by the existence of the regime of joint property of spouses and the presumption of consent of the second spouse in a number of financial issues of the family, which is used in their own interests both by the plaintiff and the dishonest spouse. The authors believe that the time has come for a profound reform of the judicial system and bankruptcy law in particular.