Division of joint property of spouses and division of inheritance

Legal guide

automatic translation from Polish

Sale of joint property or inheritance at auction

If there is no agreement between the parties regarding the distribution of individual components of joint property or inheritance, then the item (which cannot be divided) may be granted according to the circumstances of one of the parties with the obligation to repay the other or sold pursuant to the provisions of the Code of Civil Procedure.

In the decision ordering the sale of things belonging to the parties, the court will either decide on mutual claims of the co-owners, or will only order the sale, postponing the decision on mutual claims of the parties and on the distribution of the sum obtained from the sale until it is carried out.

The sale of the item itself is done by a bailiff, usually by auction. It should be remembered that this way of dividing the property may result in its sale below market value. The first auction begins with ¾ of the price given by the expert, and the second with 2/3 of the price.

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