Division of joint property of spouses and division of inheritance

Legal guide

automatic translation from Polish

Repayments and surcharges

By sharing things that are jointly owned, the court may order the equalization of individual shares by cash surcharges (surcharges) or even award the whole thing to one co-owner who will be obliged to repay the others (repayments).

In the first case, the court physically divides something, but because it is not possible to divide it in proportion to the shares, the person who got "too much" should give the right amount of money to the co-owner who got "too little". An example would be the division of the house - the court came to the conclusion that the house can be divided into two equal parts only, no other way of physical division would be possible. In such a situation, the co-owner who owned 40% of the shares in the co-ownership should pay the other co-owner an amount equal to 10% of the value of the house.

The second case will occur when, for example, things cannot be divided, possibly one co-owner has 95% and the other 5% in joint ownership, so the division of e.g. real estate would be unprofitable. In this situation, the whole thing will be awarded to one (in our case the one who has 95%), who will have to pay the other co-owner the equivalent of 5% of the value of the property.

The court also means the date and manner of payment of repayments and surcharges, the amount and date of payment of interest, and if necessary the manner of securing it. In the event of distribution of payments and repayments in installments, the deadlines for their payment may not exceed ten years in total. In cases deserving special consideration, the court at the request of the debtor may defer the payment of installments already due.

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