(1) If the estate forms part of the joint marital property of a community of property, the spouse who is the heir and the other spouse who is not the heir but who administers the joint marital property alone or together with the other spouse may request the opening of insolvency proceedings relating to such estate. The consent of the other spouse is not required. The spouses retain the right to make a request even if the community of property is terminated.
(2) If the request is not brought by both spouses, it is admissible if a reason to open insolvency proceedings is shown to the satisfaction of the court. The insolvency court is to hear the dissenting spouse.