Division of joint property of spouses and division of inheritance

Legal guide

automatic translation from Polish

Independent division of joint property and inheritance division

Joint property or estate need not be shared with a notary or court. If only a division is allowed (there is no system of joint property), interested parties may divide themselves. A visit to a notary public is needed in principle when the property includes real estate or a flat (colloquially speaking). If, however, the property includes an enterprise, the inheritance agreement should be concluded in writing with signatures authenticated by a notary public. However, if the enterprise includes real estate or the enterprise is covered by a succession board, the inheritance agreement should be concluded in the form of a notarial deed.

As for the form of self-distribution, it is best to write the distribution in writing on paper. This will consolidate the will of the parties and will provide evidence to third parties and institutions. Theoretically, however, the law does not prohibit the conclusion of an agreement on the division of joint property or an inheritance division orally or even by implicit expression of his will. The application of the so-called documentary form (e.g. email exchange).

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