Division of joint property of spouses and division of inheritance

Legal guide

automatic translation from Polish

limited liability company

Pursuant to the resolution of the Supreme Court, if one of the spouses founded a limited liability company, the division of joint assets is subject to division, claim for reimbursement of the expenditure from the joint property of the spouses for the acquisition of one of them's share in a limited liability company. The value of the effort is determined according to the market price of this share . When calculating the value of the share of companies, one should take into account the state of the company at the moment of termination of matrimonial property, and prices as of the date of adjudication (resolution of the Supreme Court of 13 March 2008 III CZP 9/08). It should also be remembered that the articles of association may limit or exclude the joining of the partner's spouse if the share or shares are covered by matrimonial property.

In the event of the partner's death, the inheritance department covers shares in the limited liability company. The articles of association may limit or exclude joining the company of heirs to the place of the deceased partner. In this case, the articles of association should specify the terms of repayment of heirs not joining the company, under pain of ineffectiveness of limitation or exclusion. The articles of association may exclude or limit the distribution of shares among heirs in a specific way if the deceased partner had more than one share. If, according to the articles of association, a partner could have only one share, that share may be divided among the heirs, unless the articles of association exclude or limit in a certain way the division of that share between the heirs. As a result of the split, shares below PLN 50 may not be created.

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