ATTENTION – THIS IS AN AUTOMATIC TRANSLATION from Polish
In its decision of September 24, 2025 (I CSK 3285/24), the Supreme Court addressed the issue of division of joint property when it includes expenses from the personal property of one spouse.
In this case, the Appellant requested that the Court clearly define the principles for calculating such expenses. This concerned so-called indexation; the method of calculating expenses based on their current value on the date of property division. The Appellant noted that there were significant discrepancies in the practice of courts in the same district regarding the possibility and method of calculating expenses from personal property to joint property. Expenditures are usually calculated without indexation, but in her case, the court decided to make an exception and applied the calculation.
The Supreme Court clarified this, upholding the view previously established in Supreme Court case law – expressed, among others, in the Supreme Court’s decision of February 18, 2021, file no. III CSKP 66/21, that in such cases, it is first necessary to determine what proportion (as a percentage) the expenses from personal property constituted in relation to the value of the purchased asset at the time of purchase. Then, the same conversion rate must be applied on the date of division of the assets – based on the asset’s current value. Crucially, the reimbursement of expenses is calculated based on the value applicable on the date of division, not the original amount. This means that when considering a claim for reimbursement of expenses, the current value on the date of the judgment is decisive.