Division of joint property of spouses and division of inheritance

Legal guide

automatic translation from Polish

Sale of all assets

It should be remembered that joint assets or inheritance do not have to be divided. It may be sold in whole or in part by the parties acting jointly. They may also, acting in concert, sell individual assets.

  1. Disposal of the entire estate

    A sales, exchange, donation or other agreement to sell the inheritance transfers the inheritance to the buyer, unless the parties have agreed otherwise. If the conclusion of the contract transferring the inheritance occurs in the performance of an obligation arising from a previously concluded agreement obliging to sell the inheritance, the validity of the contract transferring the inheritance depends on the existence of this obligation.

    The agreement obliging to sell the inheritance should be concluded in the form of a notarial deed. The same applies to the contract transferring the inheritance, which is concluded in order to perform the pre-existing obligation to sell the inheritance.

    The buyer of the estate inherits the rights and obligations of the heir. The seller of the inheritance is obliged to deliver what, as a result of the sale, loss or damage of the items belonging to the inheritance, was obtained in return of these items or as compensation for the damage, and if the sale of the inheritance was paid, also to compensate for the loss of value arising through wear or disposal of free items to fall. The seller may require the buyer to reimburse expenses and expenses incurred for the inheritance.

    The buyer of the estate is liable for inheritance debts to the same extent as the seller. Their responsibility towards creditors is joint and several. In the absence of a different agreement, the buyer is liable to the seller for the fact that creditors will not demand from him the fulfillment of benefits for satisfying inheritance debts.

    Benefits and burdens related to items belonging to the estate, as well as the risk of their accidental loss or damage pass to the buyer upon conclusion of the contract on the sale of the estate, unless otherwise agreed.

  2. Disposal of an inheritance component An heir may, with the consent of the other heirs, dispose of a share in an object belonging to the estate. In the absence of consent of any of the other heirs, the ordinance is ineffective insofar as it would violate the rights of this heir under the provisions of the estate division. Of course, joint heirs may also sell individual components of the estate
  3. a certificate from the Tax Office

    It should be remembered that in order to perform an inheritance activity before a notary public, a tax office certificate on settlement of inheritance tax and donations is required. Without this certification, a notary will not draw up any contract.

  4. Sale of joint property

    Pursuant to art. 46 cryo rules on inheritance shall apply to the sale of joint property (this does not apply to the obligation to submit a certificate from the Tax Office).

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