Remuneration for the use of joint property

There may be conflicts between former spouses over the use of specific items of the joint property. In a decision of March 5, 2021 (IV CSKP 30/21), the Supreme Court confirmed that „a spouse deprived by the other spouse of the possibility to use the assets of the joint property may, in a case for its division after the end of joint property, claim for remuneration for the use of these assets by the other spouse in addition to the share he was entitled to, if he showed the will to use them during the joint property period (Art. 46 of the Penal Code in connection with Art. 1035 and Art. 206, 224 § 1 and Art. 225 of the Civil Code). In special circumstances, this remuneration may be reduced pursuant to Art. 5 of the Civil Code „. What is important, according to the court, it is necessary to show the willingness to use the specific assets of the property. If this is not done, the remuneration cannot be claimed post factum.