Partition of the spouses’ jointly held assets at the request of the creditor of one of them. Admissibility

DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

Abstract

The circumstance that the procedure of forced execution opened over the own assets of the debtor spouse was not exhausted, is irrelevant, given that, reporting the amount of the debt at the amount of the defendant’s own assets, it is obvious that they are not sufficient to cover the debts due to creditor.