Comparative Legal Analysis of Family Assets Distribution in Case of Bankruptcy of a Spouse in the Russian Federation

Relevance. In connection with the growing economic crisis, the number of individuals is increasing, with a lot of financial debts and with the inability to pay even part of the accumulated amount of debt, not only in the near future, but throughout life. Most of these persons are married and have joint property with the spouse. Formulation of the problem. How to deal with the property of the spouse in the event of the bankruptcy of the spouse and what to do if the spouses have joint creditors, is it possible joint bankruptcy of the spouses. Ways to solve the problem. The joint bankruptcy of the spouses is not enshrined in legislation, so judicial practice on this issue is not uniform, but one solution is to merge two bankruptcy cases into one in the event of bankruptcy of each of the spouses in parallel in the given court. Results. In this study, many judicial acts with different legal positions on the same issue were analyzed and their own opinion was formed on each issue posed in the problem. Conclusion. The given work represents the analysis of such problem as joint bankruptcy of spouses, and answers a question what to do if the bankrupt is in marriage. In the first case, the courts unite the cases into one thing, but the courts very rarely accept a joint statement from the couple about bankruptcy, although there are such precedents. And in the event that the second spouse does not have creditors, then part of the property is affected in the event that it is proved that all received by the transactions of the debtor and the creditor was used for the needs of the family.