Division of joint property of spouses and division of inheritance

Legal guide

automatic translation from Polish

Division of property at the notary public

You can divide a joint property or estate division with a notary public. Such a division is of course only possible if all parties agree on the content of the settlement. Of course, a consistent division can also be made in court, but a visit to a notary public is much more convenient. The notary public prepares all documents, answers questions, presents a draft contract before signing it. However, after signing the contract, the notary public reports the conclusion of the contract to the land and mortgage register. You can also make an appointment at a convenient time. Unfortunately, the court does not have all these advantages. On the other hand, court proceedings are cheaper because the court fee does not depend on the value of the property.

From the formal side, the notary has the advantage over the court that a partial division of property is possible with a notary. However, as a rule, the court is obliged to divide the entire property.

As mentioned above, a visit to a notary public is associated with expenses. The Minister of Justice sets maximum rates for notary's remuneration (so-called notary tax), while individual notaries may apply lower prices for their services. It is worth comparing the prices of individual notary offices. The maximum rate is from the value of:

  1. up to PLN 3,000 - PLN 100;
  2. above PLN 3,000 to PLN 10,000 - PLN 100 + 3% on the surplus above PLN 3,000;
  3. above PLN 10,000 to PLN 30,000 - PLN 310 + 2% on the surplus above PLN 10,000;
  4. above PLN 30,000 to PLN 60,000 - PLN 710 + 1% on the surplus above PLN 30,000;
  5. above PLN 60,000 to PLN 1,000,000 - PLN 1010 + 0.4% on the surplus above PLN 60,000;
  6. above PLN 1,000,000 to PLN 2,000,000 - PLN 4,770 + 0.2% of the surplus above PLN 1,000,000;
  7. above PLN 2,000,000 - PLN 6,770 + 0.25% of the surplus above PLN 2,000,000, however not more than PLN 10,000, and in the case of transactions between persons included in the first tax group within the meaning of the Act of 28 July 1983 on inheritance and donation tax no more than PLN 7,500.

In addition to their remuneration, the notary also collects VAT, court fees and other taxes. In practice, this means that the amount paid to a notary public may significantly exceed the notary's remuneration specified above.

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