Division of joint property of spouses and division of inheritance

Legal guide

automatic translation from Polish

Division of joint property after the death of a spouse

The division of joint property may also take place after the death of one or both of the spouses. The main difference with the situation when both spouses are alive is that the deceased spouse is replaced by heirs.

However, the rights of heirs are somewhat limited. According to art. 43 § 2 cryo heirs may demand the establishment of unequal shares in the joint property only if the testator has brought an action for annulment of the marriage or divorce or has applied for a separation decision.

It should be remembered that the division of the estate is admissible either together with the division of joint property or only after such division (resolution of the Supreme Court of March 2, 1972 (reference number III CZP 100/71).

legal aid
The Law Office of Piotr Stączek Advocate

Wąwozowa 11, piętro 3, 02-796 Warszawa tel: 881 209 300 Fax: +48 22 448 09 97 www.staczek.com