Abstract

The separate property regime is established as of the day of the declaration of bankruptcy of one of the spouses. If the community property regime applied to the spouses, their community property forms part of the bankruptcy estate and it must not be divided. The bankrupt’s spouse may assert a claim for their share in the community property only under the bankruptcy proceedings. These rules do not apply if the community property regime ceased to exist before the date of the declaration of bankruptcy of one of the spouses, in particular as a result of a divorce, even if the community property has not been yet divided.