Division of joint property of spouses and division of inheritance

Legal guide

automatic translation from Polish

Division of property during a divorce or legal separation case

In divorce or legal separation, the court may also order the division of property. However, the court may refuse to divide the property if this would result in prolongation of the proceedings. Therefore, in practice, the division of joint property in a divorce or separation case occurs only if the parties agree on the division of the property. If there is a dispute, the court will divorce or separate, but it will not divide the property. You will have to take care of this after the divorce or legal separation case (Article 58 § 3 cryo).

However, if the spouses agree on how to divide the property, it usually happens in the form of a court settlement - it is much more convenient for the court than deciding on the division in the judgment. The parties usually prepare a draft settlement themselves or with their proxies, and the court only approves it. In the event of a settlement, the court does not have to question the parties regarding the division of property, which also shortens the trial.

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