Division of joint property of spouses and division of inheritance

Legal guide

automatic translation from Polish

Personal property

The Family and Guardianship Code separates the personal property of each of the spouses. It arises when the marriage is concluded, parallel to the joint property. It includes all items that are not covered by statutory community. The Code precisely defines the components of personal property. These are:

  • property acquired prior to the creation of statutory community,
  • property acquired through inheritance, enrollment or donation, unless the testator or donor decides otherwise,
  • property rights arising from joint commonwealth subject to other provisions, these are in particular the rights that are vested in the partners of a civil law partnership,
  • property items exclusively used to meet the personal needs of one of the spouses, these may be clothing, sports or medical equipment
  • non-transferable rights which may only be enjoyed by one person,
  • items obtained for compensation for bodily injury or for causing health disorder or for compensation for harm suffered, but this does not include the pension due to the injured spouse due to: total or partial loss of earning capacity, increasing his needs or reducing future prospects .
  • claims for remuneration for work or other gainful activities,
  • property acquired for the spouse's personal achievement
  • copyright and related rights, as well as industrial property rights
  • property acquired in exchange for personal assets, unless a specific provision provides otherwise.

Items of ordinary household equipment used for the use of both spouses are also covered by statutory community in the event that they were acquired by inheritance, registration or donation, unless the testator or donor has decided otherwise.

If one spouse is entitled to a flat, the other spouse is entitled to use that flat to meet the needs of the family. This provision shall apply accordingly to home appliance items

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