Division of joint property of spouses and division of inheritance

Legal guide

ATTENTION!
automatic translation from Polish

Judicial decisions

No division of property when convicted of abuse

order of the Supreme Court by decision of June 7, 2019 (file reference number V CZ 30/19)


Purchase of items from joint and personal assets

Resolution of 3 judges of the Supreme Court of 19 October 2018 (file reference number: III CZP 45/18)


No limitation period for requesting unequal shares

resolution of the Supreme Court of November 22, 1972 (reference number Acre III CZP 83/72)


Admissibility of inheritance divisions in one proceeding with the division of joint property

resolution of the Supreme Court of March 2, 1972 (reference number III CZP 100/71).


Income obtained by a co-owner of an enterprise due to his personal work is not synonymous with benefits and other revenues from this enterprise, which are subject to settlement in departmental proceedings

order of the Supreme Court of 16 December 2011, reference number V CSK 28/11, not public).


Excluding goodwill value when valuing a sole proprietorship

Supreme Court ruling of 3 February 2016 (reference number V CSK 299/15)


Not taking into account the value of the mortgage when determining the value of the property

Supreme Court ruling of 25 July 2019 (reference number III CZP 14/19)

Resolution of the Supreme Court of January 26, 2017 (reference number I CSK 54/16)


The state of the property is determined according to the moment of cessation of community, and the value according to prices at the time of division.

Supreme Court judgment of 27 August 1979 (reference number III CRN 137/79)

resolution of the Supreme Court of 19 May 1989 (reference number III CZP 52/89)


The state of the property means the composition of the property, and not the condition of individual items included in it

order of the Constitutional Tribunal of 24 June 2015 (reference number Ts 327/14)

resolution of the full composition of the Supreme Court Civil Chamber of December 15, 1969 (reference number III CZP 12/69)

resolution of the composition of seven judges of the Supreme Court of 26 March 1985 - legal principle (reference number III CZP 75/84)

resolution of the Supreme Court of 27 September 1974 (reference number III CZP 58/74)

order of the Supreme Court of April 15, 1997 (reference number I CKU 30/97)

order of the Supreme Court of June 26, 2013 (reference number II CSK 583/12, not public).


Possible disposal or destruction of joint property by one of the spouses in the period between the termination of the community and the moment of adjudication on the division may, however, cause different implications for the sectoral proceedings, depending on whether it was the fault of that spouse

resolution of the Supreme Court of 19 May 1989 (reference number III CZP 52/89)

order of the Supreme Court of 7 April 1994 (reference number III CZP 41/94, not public).


Civil law partnership and division of assets - how to divide?

Resolution of the Supreme Court of 15 September 2004. III CZP 46/04

Order of the Supreme Court of 17 June 2010. III CSK 274/09</p>

Polish Supreme court order of 22 march 2019 reference number act IV CSK 445/17


General partnership and limited liability company - how to share?

Resolution of the Supreme Court of 13 March 2008. III CZP 9/08


Joint stock company - whose shares are they?

Supreme Court judgment of January 21, 2009 reference number II CSK 446/08


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