In a decision of 27 May 2021 (I CSKP 120/21), the Supreme Court stated that „in a case for the division of joint property, it is permissible to apply Art. 231 § 1 of the Civil Code ” Article 231 § 1 of the Civil Code states that „an independent owner of land in good faith, who erected a building or other device on or below the ground with a value significantly transferring the value of the plot used for this purpose, may demand that the owner transfer to him the plots of land for adequate remuneration „.
Does this mean that, for example, when the spouses erected a building on a plot belonging to the personal property of one spouse, can the other spouse demand that he be granted ownership of the property belonging to the personal property of the first spouse? For now, we are waiting for the justification of the Supreme Court’s decision. However, if this were the court’s reasoning, it means that cases for the division of joint property could, in special cases, also apply to the spouses’ personal property.