ATTENTION – THIS IS AN AUTOMATIC TRANSLATION from Polish
Property division cases are among the most complex and multifaceted legal proceedings. One of the most challenging aspects of such cases is the correct determination of the value of the subject of appeal.
This issue was analyzed by the Supreme Court in its decision of September 29, 2025, case no. I CSK 1991/25. The Supreme Court upheld its previous line of jurisprudence, stating that the value of the subject of appeal in property division cases is not equivalent to the total value of the assets subject to division. Instead, it is determined by the individual interest of the appellant.
In the case at hand, the appellant indicated a value for the subject of appeal that “was not reflected either in the scope of the appeal against the District Court’s decision or in the allegations raised against it.” The Supreme Court reiterated that in cases concerning the division of joint property, a cassation appeal is admissible only if the value of the subject of appeal amounts to at least PLN 150,000. In this instance, the value of the property right covered by the cassation appeal did not reach the statutory threshold.
Consequently, the Supreme Court dismissed the appeal, deeming the lower court’s decision correct. This ruling confirms that in property division cases, it is the individual interest of the appellant that determines the possibility of filing a cassation appeal, and its admissibility depends on exceeding the statutory minimum value of the subject of appeal.