Division of joint property of spouses and division of inheritance

Legal guide

automatic translation from Polish

Division of a farm

According to the definition contained in the Civil Code, an agricultural holding is agricultural land together with forest land, buildings or their parts, equipment and inventory, if they constitute or can constitute an organized economic whole, and rights related to running a farm. If an agricultural holding is the subject of joint ownership, it may also be divided at the request of joint owners. However, this is a special case for which the Act provides for additional requirements.

The abolition of co-ownership of a farm, by dividing it among co-owners, cannot be contrary to the principles of proper farming. This issue is assessed by an agricultural expert. When this negative condition arises, the court grants the holding to this co-owner, to which all co-owners agree. In the event of disagreement with all co-owners, the court will grant the farm to the one who runs it or works permanently in it, unless the socio-economic interest speaks in favor of choosing another co-owner. If the above conditions are met by more than one co-owner or none of them, the court will grant the farm to the one who gives the best guarantee of its proper conduct. It is possible to abolish joint ownership by selling a farm. The court manages the sale at the request of all owners or if none of them agrees to be granted a farm.

Co-owners are entitled to repayments from a farm, which are determined according to their agreement. If no agreement is reached, the court may reduce the repayments.

A co-owner who received a farm and sold its agricultural properties within five years is required to issue the obtained benefits to other co-owners who have less than due payments. This rule does not apply in cases where the purpose of selling the property was to ensure rational management.

Co-owners who did not receive the farm or part of it, and until their co-ownership were resided, retain the right to reside. However, this entitlement is limited in time, it can last for no more than 5 years. If the co-owner was a minor, the period runs from the age of 18. The limitation does not apply to joint owners who are permanently unable to work.

legal aid
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