Division of joint property of spouses and division of inheritance

Legal guide

automatic translation from Polish

Expenditure on joint assets

In marriage, there are three properties at the same time: joint property and two separate personal assets of the spouses. A spouse who makes expenses for joint property from his personal property, in accordance with art. 45 of the Family and Guardianship Code, may demand their return. You cannot request reimbursement of expenses and expenses consumed to meet the needs of the family, unless they increased the value of the property at the time of cessation of jointness.

Settlements and reimbursement of these expenditures are made only at the time of the division of joint property, i.e. after the termination of joint property, which in turn may result from divorce or the conclusion of a resolution agreement, so-called intercyza. An earlier return can only be decided by a court if it is required by the good of the family. However, if there is no such condition, the court, at the request of the person concerned, determines the amount of expenditure incurred only when the joint property is distributed. The application must specify the exact claim.

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