According to art. 31 of the Family and Guardianship Code, upon entering into marriage, a property community is created between the spouses pursuant to the Act, covering property items acquired during its duration by both spouses or by one of them. For assets acquired during the marriage to be included in the personal property, one of the conditions contained in art. 33 KRiO. As indicated in the judgment of the Supreme Court of 28 January 2015, reference number II CSK 322/14 „expenditures from joint assets on the personal assets of a spouse must, at the time of their making, increase (purchase of new components, improvement of existing ones) or maintenance personal property of the spouse. „
The subject of the above the ruling was the issue of how to calculate the costs and benefits of a lease agreement with the option to purchase the subject of this agreement, if the contract was concluded by one of the spouses during the validity of the matrimonial property community, paid mainly for the joint property.
The division of joint property takes into account its value as at the date of division, but according to the status quo at the moment of termination of joint property. In the said judgment, at the time of termination of the joint property, the joint property included the right to use the property under the lease agreement and a claim for its purchase. After the cessation of jointness, the claim for purchase was transformed into ownership. Despite the fact that this took place after the cessation of jointness, the resulting property right should also be treated as joint (entering joint property). The court stated in the justification that subsequent transformation of the claim did not change the common nature of the property rights of the parties.
To sum up, both the rights and obligations under the leasing contract and the purchased vehicle, even after the termination of the property community, are jointly owned by the spouses.