• Prohibition of presumption of an agreement on separation of property with equalization of acquired gains2025-06-29
  ATTENTION ! automatic translation from Polish In case file reference I ACa 357/13, the Court of Appeal in Wrocław considered a case in which, by an agreement of 24 September 1996, in accordance with the… Dowiedz się więcej: Prohibition of presumption of an agreement on separation of property with equalization of acquired gains
• Prohibition of an agreement on the division of an estate during the testator’s lifetime2025-05-30
  ATTENTION! automatic translation from Polish According to the Supreme Court’s decision of 19 March 2021 (III CSKP 69/21), subject to the exceptions provided for in the Act, an agreement on the inheritance of a living… Dowiedz się więcej: Prohibition of an agreement on the division of an estate during the testator’s lifetime
• The Right to Defend One’s Rights in the Division of Joint Property2025-04-28
  In its ruling of March 26, 2025 (I CSK 4019/24), the Supreme Court emphasized the grounds for invalidating proceedings due to depriving a party of the ability to defend their rights: Key Legal Questions in… Dowiedz się więcej: The Right to Defend One’s Rights in the Division of Joint Property
• Legal protection measures of the debtor’s spouse2025-03-03
  It happens that one of the spouses has unsettled obligations incurred before the marriage and the creation of a statutory or contractual property regime. In a situation where the debtor spouse enters into a legal… Dowiedz się więcej: Legal protection measures of the debtor’s spouse
• Combining a case for division of inheritance with a case for the abolition of co-ownership and a case for division of joint property in one proceeding2025-02-03
  According to the decision of the Supreme Court of 20 March 2024 (III CZ 208/23), Article 689 of the Code of Civil Procedure permits the joining of a case for division of inheritance with a… Dowiedz się więcej: Combining a case for division of inheritance with a case for the abolition of co-ownership and a case for division of joint property in one proceeding
• Settlement of expenses between personal and joint property2025-01-01
  According to the Supreme Court decision of February 14, 2024 (III CZ 279/23)a claim for reimbursement of expenses from joint property to personal property and vice versa (Article 45 of the Family and Guardianship Code),… Dowiedz się więcej: Settlement of expenses between personal and joint property
• Expenditures between the personal assets of spouses2024-12-02
  According to the decision of the Supreme Court of 14 February 2024 (I CSK 3041/23) based on Article 45 § 2 of the Family and Guardianship Code and Article 567 § 1 of the Code… Dowiedz się więcej: Expenditures between the personal assets of spouses
• Unjustified disposal of joint property by one of the spouses2024-11-01
  According to the resolutions of the Supreme Court of May 14, 2024 (III CZP 38/23), in the proceedings on the division of joint property after the termination of the community of property between spouses (Article… Dowiedz się więcej: Unjustified disposal of joint property by one of the spouses
• What circumstances are significant for the establishment of the separation of property by the court2024-10-02
  According to the judgment of the Supreme Court of 13 January 2000 (II CKN 1070/98) In proceedings initiated by a lawsuit filed on the basis of art. 52 of the Family and Guardianship Code, the… Dowiedz się więcej: What circumstances are significant for the establishment of the separation of property by the court
• Important reason for establishing separation of property by the court.2024-09-02
  According to the Supreme Court judgment of 13 January 2000 (II CKN 1070/98). „Important reason” within the meaning of art. 52 § 1 of the Family and Guardianship Code is not every form (manifestation) of… Dowiedz się więcej: Important reason for establishing separation of property by the court.
• Methods of establishing the separation of property during marriage2024-08-02
  Establishing the separation of property during marriage is a process in which spouses decide to separate their property so that each of them manages and is responsible for their own property. In the Polish legal… Dowiedz się więcej: Methods of establishing the separation of property during marriage
• Tax base for civil law transactions tax for an inheritance division agreement2024-07-02
  A civil law agreement on the division of inheritance, as a civil law agreement, is subject to tax on civil law transactions. In accordance with Article 1 of the Act of 9 September 2000 on… Dowiedz się więcej: Tax base for civil law transactions tax for an inheritance division agreement
• Divorce with division of property2024-06-03
  Pursuant to the decision of the Supreme Court of June 16, 2016 (V CZ 25/16), the division of the parties’ joint property in a divorce judgment does not result in excessive delay of the proceedings,… Dowiedz się więcej: Divorce with division of property
• Retroactive effect of the decision establishing separation of property2024-05-02
  Pursuant to the decision of the Supreme Court of August 29, 2023 (I CSK 4573/22), the decision establishing separation of property should be given retroactive effect in rare and exceptional situations. Community of property is… Dowiedz się więcej: Retroactive effect of the decision establishing separation of property
• Division of property and division of inheritance and tax on civil law transactions (PCC)2024-04-03
  Pursuant to the Act of September 9, 2000 on tax on civil law transactions, only the division of the inheritance is subject to taxation, therefore PCC is not payable on the division of joint property… Dowiedz się więcej: Division of property and division of inheritance and tax on civil law transactions (PCC)
• Division of things2024-03-01
  In accordance with the decision of the Supreme Court of May 6, 2021 (V CSKP 29/21), providing for the „division of things”, – the provision of Art. 211 CC it involves division in the physical… Dowiedz się więcej: Division of things
• Construction of a building on my wife’s plot2024-02-01
  Pursuant to the decision of the Supreme Court of February 15, 2023 (I CSK 6372/22), in a situation where, during the marriage, a building was erected on real estate constituting the personal property of one… Dowiedz się więcej: Construction of a building on my wife’s plot
• Differentiation of requirements regarding the description of a claim for reimbursement of expenses when dividing the spouses’ joint property2024-01-01
  In the justification for the decision of December 21, 2022 (reference number I CSK 3142/22), the Supreme Court drew attention to the differences in requirements in Polish law regarding the description of claims for reimbursement… Dowiedz się więcej: Differentiation of requirements regarding the description of a claim for reimbursement of expenses when dividing the spouses’ joint property
• Expenditures on the spouse’s personal property in the perspective of division of joint property.2023-12-01
  The issue of expenditure on the spouse’s personal property was dealt with by the Supreme Court (Decision of the Supreme Court I CSK 3142/22 of December 21, 2022). Community property is still the most frequently… Dowiedz się więcej: Expenditures on the spouse’s personal property in the perspective of division of joint property.
• The section of the estate in which the enterprise is owned2023-11-03
  Pursuant to Art. 1037 § 3 of the Civil Code, if the estate includes an enterprise, the agreement on the division of the estate should be concluded in writing with notarially certified signatures. However, if… Dowiedz się więcej: The section of the estate in which the enterprise is owned
• There is no catalog of important reasons for determining unequal shares in the marital property of spouses2023-10-02
  In the decision of November 22, 2022 (reference number I CSK 4075/22), the Supreme Court stated that it is not possible to catalog important reasons which, in accordance with Art. 43 § 2 of the… Dowiedz się więcej: There is no catalog of important reasons for determining unequal shares in the marital property of spouses
• Good Reasons Clause in Recent Supreme Court Decisions2023-09-01
  The Supreme Court, in its decision of October 24, 2022 in case I CSK 3074/22, refused to accept the cassation appeal for consideration as clearly unfounded. In a cassation appeal, which, as the Supreme Court… Dowiedz się więcej: Good Reasons Clause in Recent Supreme Court Decisions
• Important reasons2023-08-02
  Article 43 § 2 of the Family and Guardianship Code, reading as follows: “However, for important reasons, each of the spouses may demand that the determination of shares in joint property take place taking into… Dowiedz się więcej: Important reasons
• Important reasons for unequal shares in joint property2023-07-03
  In the judgment of February 27, 2023, reference number I CSK 3595/22, the Supreme Court referred to the issue of the concept of „important reasons” in the context of Art. 43 § 2 of the… Dowiedz się więcej: Important reasons for unequal shares in joint property
• Dividend on shares sold after termination of statutory joint ownership2023-06-02
  Pursuant to the decision of the Supreme Court of January 12, 2018 (II CSK 220/17), as regards the dividend payable on shares subject to statutory joint ownership, and after its termination, which are jointly owned… Dowiedz się więcej: Dividend on shares sold after termination of statutory joint ownership
• Outlays from personal property to the spouse’s personal property2023-05-05
  The Supreme Court, by its decision of April 3, 1970, ref. no. III CRN 90/70 settled on how to settle expenses made from the personal property of one of the spouses to the personal property… Dowiedz się więcej: Outlays from personal property to the spouse’s personal property
• Division of joint property of spouses on the basis of the jurisprudence of the Supreme Court2023-04-03
  In the judgments issued by the Supreme Court, i.e. in the resolution of May 19, 1989, reference number III CZP 52/89 and the decision of January 31, 2013, reference number II CSK 349/12, the adjudicating… Dowiedz się więcej: Division of joint property of spouses on the basis of the jurisprudence of the Supreme Court
• Confirmation of inheritance acquisition, division of inheritance and termination of joint ownership in one proceeding2023-03-09
  According to art. 681 kpcIf the confirmation of inheritance acquisition has not yet taken place and a registered deed of inheritance certification has not been drawn up, the court shall issue a decision on the… Dowiedz się więcej: Confirmation of inheritance acquisition, division of inheritance and termination of joint ownership in one proceeding
• Disposal of an item constituting the joint property of the spouses made after the divorce and before the division of property2023-02-01
  The Polish family law system provides for three basic types of property regimes that may arise between spouses. The first is the so-called statutory community regulated in the provisions of art. 31-46 of the Family… Dowiedz się więcej: Disposal of an item constituting the joint property of the spouses made after the divorce and before the division of property
• Judgment of the Supreme Court of January 21, 2009 (ref. no. II CSK 446/08) – registered shares acquired with funds included in joint property2023-01-02
  The Family and Guardianship Code indicates which property items during the marital community of property are included in the respective property: joint property or one of the spouses’ personal property. Article 32 of the Family… Dowiedz się więcej: Judgment of the Supreme Court of January 21, 2009 (ref. no. II CSK 446/08) – registered shares acquired with funds included in joint property
• Resolution of the Supreme Court of February 23, 2018; III CZP 103/17 – what does „state” mean in the sense of the state of the property at the time of termination of the community2022-12-01
  In the regulations of both the Family and Guardianship Code and the Code of Civil Procedure, there is no clear regulation specifying what state of joint property should be taken into account by the Court… Dowiedz się więcej: Resolution of the Supreme Court of February 23, 2018; III CZP 103/17 – what does „state” mean in the sense of the state of the property at the time of termination of the community
• Upbringing and education costs incurred by the testator2022-11-09
  Other benefits received by the heir from the testator are also included in the inheritance (apart from donations). The group of people entitled to credit the costs of upbringing and education in the inheritance is… Dowiedz się więcej: Upbringing and education costs incurred by the testator
• Company shares as objects for conducting business – management of common property2022-11-01
  Pursuant to Art. 36 § 3 of the Family and Guardianship Code, the spouse manages the objects used by the spouse to practice his profession or gainful employment. The family and guardianship code does not… Dowiedz się więcej: Company shares as objects for conducting business – management of common property
• Partial runs of decline2022-10-03
  Upon the opening of the inheritance, i.e. upon the death of the testator, the heirs jointly enter the entire legal situation of the deceased, thus becoming joint owners of the testator’s entire property. In such… Dowiedz się więcej: Partial runs of decline
• Inheritance proceedings with a notary public as a stage preceding the inheritance division2022-08-02
  In order to be able to effectively divide the inheritance with a notary, i.e. the dissolution of joint ownership between heirs, you must first obtain a formal right to acquire the inheritance, which is possible… Dowiedz się więcej: Inheritance proceedings with a notary public as a stage preceding the inheritance division
• The inheritance department covering the enterprise2022-07-01
  In a situation where the inheritance includes an enterprise, Art. 10381 of the Civil Code. Before explaining the content of the cited provision, however, it is necessary to get acquainted with the code definition of… Dowiedz się więcej: The inheritance department covering the enterprise
• The terms of the partial decision in the case concerning the division of the estate2022-06-02
  In the case of the inheritance division, it is possible with the appropriate application of Art. 317 § 1 of the Code of Civil Procedure, issuing a partial decision if it grants a given object… Dowiedz się więcej: The terms of the partial decision in the case concerning the division of the estate
• Settlement of the repayment of the joint debt of the spouses after the termination of the joint property and before the division of the joint property2022-05-02
  Pursuant to Art. 686 of the Code of Civil Procedure in connection with joke. 567 § 1 and 3, in proceedings for the division of joint property, the court also decides on mutual claims between… Dowiedz się więcej: Settlement of the repayment of the joint debt of the spouses after the termination of the joint property and before the division of the joint property
• Complementary inheritance department2022-04-01
  If the inheritance is shared by several people, dividing the inheritance tends to distribute the elements of the inheritance among individuals. The division of the inheritance may take place either by agreement between all heirs,… Dowiedz się więcej: Complementary inheritance department
• Reimbursement of expenses and expenditures before and after the division of the joint property2022-03-01
  The rules of making settlements by spouses in respect of expenses and expenditure made from joint property to personal property of each of them and made from personal property to joint property are governed by… Dowiedz się więcej: Reimbursement of expenses and expenditures before and after the division of the joint property

news:

• Prohibition of presumption of an agreement on separation of property with equalization of acquired gains2025-06-29
• Prohibition of an agreement on the division of an estate during the testator’s lifetime2025-05-30
• The Right to Defend One’s Rights in the Division of Joint Property2025-04-28
• Legal protection measures of the debtor’s spouse2025-03-03
• Combining a case for division of inheritance with a case for the abolition of co-ownership and a case for division of joint property in one proceeding2025-02-03
• Settlement of expenses between personal and joint property2025-01-01
• Expenditures between the personal assets of spouses2024-12-02
• Unjustified disposal of joint property by one of the spouses2024-11-01
• What circumstances are significant for the establishment of the separation of property by the court2024-10-02
• Important reason for establishing separation of property by the court.2024-09-02
• Methods of establishing the separation of property during marriage2024-08-02
• Tax base for civil law transactions tax for an inheritance division agreement2024-07-02
• Divorce with division of property2024-06-03
• Retroactive effect of the decision establishing separation of property2024-05-02
• Division of property and division of inheritance and tax on civil law transactions (PCC)2024-04-03
• Division of things2024-03-01
• Construction of a building on my wife’s plot2024-02-01
• Differentiation of requirements regarding the description of a claim for reimbursement of expenses when dividing the spouses’ joint property2024-01-01
• Expenditures on the spouse’s personal property in the perspective of division of joint property.2023-12-01
• The section of the estate in which the enterprise is owned2023-11-03
• There is no catalog of important reasons for determining unequal shares in the marital property of spouses2023-10-02
• Good Reasons Clause in Recent Supreme Court Decisions2023-09-01
• Important reasons2023-08-02
• Important reasons for unequal shares in joint property2023-07-03
• Dividend on shares sold after termination of statutory joint ownership2023-06-02
• Outlays from personal property to the spouse’s personal property2023-05-05
• Division of joint property of spouses on the basis of the jurisprudence of the Supreme Court2023-04-03
• Confirmation of inheritance acquisition, division of inheritance and termination of joint ownership in one proceeding2023-03-09
• Disposal of an item constituting the joint property of the spouses made after the divorce and before the division of property2023-02-01
• Judgment of the Supreme Court of January 21, 2009 (ref. no. II CSK 446/08) – registered shares acquired with funds included in joint property2023-01-02
• Resolution of the Supreme Court of February 23, 2018; III CZP 103/17 – what does „state” mean in the sense of the state of the property at the time of termination of the community2022-12-01
• Upbringing and education costs incurred by the testator2022-11-09
• Company shares as objects for conducting business – management of common property2022-11-01
• Partial runs of decline2022-10-03
• Inheritance proceedings with a notary public as a stage preceding the inheritance division2022-08-02
• The inheritance department covering the enterprise2022-07-01
• The terms of the partial decision in the case concerning the division of the estate2022-06-02
• Settlement of the repayment of the joint debt of the spouses after the termination of the joint property and before the division of the joint property2022-05-02
• Complementary inheritance department2022-04-01
• Reimbursement of expenses and expenditures before and after the division of the joint property2022-03-01
• Sharing the joint property during the joint property period2022-02-01
• Remuneration for the use of joint property2022-01-03
• Division of things on the inheritance department2021-12-09
• Claim for the transfer of ownership of a building in a case for the division of joint property2021-11-01
• Agreements between spouses2021-10-04
• Items of property that bring income2021-09-02
• Reimbursement of expenses and expenditures on separate assets before entering into marriage2021-08-02
• Taxation of a payable agreement for the division of joint property between the ex-spouse and the heirs of the other spouse2021-07-09
• The concept of „circumstances” in Art. 212 § 1 of the Civil Code2021-06-02
• Services provided to the company and the division of joint property2021-05-03
• No settlement of all items in the division of property2021-04-02
• Claim for reimbursement of expenditures to the common benefit after the sale of shares2021-03-02
• Appeal and the court’s failure to include the decision in the final judgment2021-02-09
• Determining the market value of a mortgage-encumbered property in proceedings for the division of property2021-01-09
• Ustalanie wartości rynkowej nieruchomości obciążonej hipoteką w postępowaniu o podział majątku2021-01-01
• Usually, the bank will not participate in the case for the division of joint property2020-12-01
• Marital joint ownership and shares in a limited liability company2020-11-02
• Important reasons for establishing property separation2020-10-01
• Division of property and rights in the company2020-09-02
• Combining the division of inheritance and division of joint property in one proceeding2020-08-03
• Leasing and divorce – who owns the car leased before and bought out after the divorce?2020-07-03
• Division of property assets and the moment of acquisition of real estate within the meaning of the Income Tax Act.2020-06-02
• Liability for debts incurred before marriage2020-05-09
• Consumer bankruptcy and the joint property of spouses2020-04-09
• Division of shares in a company with limited liability, in which the spouse is not a partner2020-02-09
• Central Information on bank accounts2020-01-09
• No limitation period for requesting unequal shares2019-12-02
• Relations between the personal property of spouses and joint property2019-11-01
• No division of property when convicted of abuse2019-10-03