According to the decision of the Supreme Court of 20 March 2024 (III CZ 208/23), Article 689 of the Code of Civil Procedure permits the joining of a case for division of inheritance with a case for the abolition of joint ownership and a case for division of joint property after the termination of community of marital property in one proceeding. If the inheritance includes a share in the property that was covered by the marital community and there has not been a prior determination of possible reimbursements for outlays, expenses and other benefits from the joint property to the separate property or vice versa, it is necessary to combine the division of the estate with the division of the joint property after the termination of the community of marital property in one proceeding. Until the said returns are determined, it is not possible – and according to Civil Procedure Code Art. 684 it is necessary – to determine the composition and value of the divided inheritance.
Combining a case for division of inheritance with a case for the abolition of co-ownership and a case for division of joint property in one proceeding
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Warning: This is an automated translation from Polish. Accuracy may vary.