Division of joint property of spouses and division of inheritance

Legal guide

automatic translation from Polish

Division of things

The physical division of things is one of three existing ways of division. It is at the same time the basic and the most preferred way by the legislator. Only if the physical division would be contrary to the provisions of the Act or the socio-economic purpose of the property or would entail a significant change in the property or a significant reduction in its value, it is possible to award the property to one of the co-owners with repayment to the other, and even sell the property and divide the obtained money.

As a result of physical division, each of the co-owners gets some real part of the common thing that corresponds to the value of their share.

If the division in kind is made in court, the court shall divide it into parts corresponding to the value of the parties' shares, taking into account all circumstances in accordance with the socio-economic interest. The differences in value are offset by cash surcharges.

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