Division of joint property of spouses and division of inheritance

Legal guide

automatic translation from Polish

Repayments and surcharges

The division of joint property of spouses or a division of inheritance can be done in two ways - by contract or in the event of non-compliance of the spouses - in court. The division of property established under the provisions of the Act is abolished by means of a division. As a rule, it is assumed that the shares of both spouses in the property are equal. Unfortunately, it is not always possible to divide these assets evenly. This impossibility results from the fact that it is difficult to divide objects in such a way that their real value corresponds to the theoretical shares of the spouses. The parts that arise from the physical division of property are different. A party who receives items of lower value may demand compensation from a spouse who has been enriched at his expense. In this case, where the division is made by a court decision, the institution of the subsidy will apply. The person who receives more valuable items is required to compensate for the losses of the spouse.

In a situation where one of the spouses has decided to surrender all assets to the other, the outgoing may demand repayment. A person who has received all joint property is obliged to pay to the spouse an amount equal to the value of the share in the joint property.

To determine precisely the value of additional payments or repayments, it is necessary to determine the total value of the joint property. The value of individual components should be determined by the spouses among themselves when the issue is disputed, the arrangements are made by a court expert appointed by the court. In the event of termination of joint ownership, the court also decides on the amount and dates of additional payments or repayments.

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