Division of joint property of spouses and division of inheritance

Legal guide

automatic translation from Polish

Division of property during the separation period

Upon separation, property separation arises. This means that you can divide joint property. This can be done by agreement in a conciliatory manner, or if there is no agreement on this issue through legal proceedings before the competent district court.

The division of property can be done at any time after the separation decision. However, it should be remembered that as soon as the separation is abolished, a statutory property regime arises between the spouses. It is not entirely clear what happens to the undivided joint property. According to the literal wording of the provision, upon the abolition of commonality, the statutory property regime is being 'created'. Anna Sylwestrzak Dolecki (Henryk (ed.), Sokołowski Tomasz (ed.), Family and Guardianship Code, Commentary, 2nd Edition, expressed a similar view.

Dolecki Henryk (ed.), Sokołowski Tomasz (ed.), Family and Guardianship Code. Commentary, ed. II Published: LEX 2013):

"Upon separation, the property regime that had existed ceases to exist, but it ceases definitively and it cannot be assumed that it is only" suspended "for the duration of the separation. If the separation is subsequently abolished, the statutory system that will be created will not be constituted a continuation of the previous system before separation. "

It means that new joint property is beginning to be created. This means that the old, undivided joint property is not restored to life and does not increase the new joint property. Theoretically, therefore, the old undivided joint property may also be divided after lifting the separation. However, it should be stipulated that a different interpretation is also possible.

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