The expropriation, for personal claims of only one of the spouses, of an asset (or several assets) in communion [is] aimed at the asset in its entirety and not at half.
Similarly, the application for revocation of the act by which a property in legal communion was set up as an estate trust is aimed at obtaining a ruling of ineffectiveness of the act as a whole, and not limited to the – non-existent – one-half share.
Cass. n. 9536/2023
