As a rule, during the period of joint property, it is prohibited to divide the joint property. First, property separation must be introduced. According to Art. 35 cryo, during the statutory joint life, neither spouse may claim the division of the joint property. He may also not dispose of or undertake to dispose of the share which, in the event of the termination of the community, will be attributed to him in the common property or in individual items belonging to that property.
Therefore, the view expressed in the judgment of the Court of Appeal in Gdańsk of October 7, 2020 (V ACa 380/20) is correct that „the view that allows the conclusion of contracts without restrictions to transfer certain assets between spouses’ property is unjustified. Such agreements, as intended to circumvent the law, i.e. the provisions of the Family and Guardianship Code regulating contractual property regimes, should be considered invalid (Art. 58 § 1 of the Civil Code). „