Pursuant to the decision of the Supreme Court of February 15, 2023 (I CSK 6372/22), in a situation where, during the marriage, a building was erected on real estate constituting the personal property of one of the spouses using the funds of the joint property, the other spouse may demand transfer to himself the ownership of this property in the part corresponding to his share in the joint property.
The claim for redemption may also be made in proceedings for the division of joint property as a method of settling expenses. It is also assumed that the court may decide on a claim for redemption in proceedings for the division of joint property not only in a final decision, but also in a preliminary decision (case no. 318 in connection with case 13 § 2 of the Code of Civil Procedure), or in a partial decision (case no. 317 in connection with matters 13 § 2 of the Code of Civil Procedure).
However, the court may settle the outlay from the joint property on the personal property of one of the spouses by pursuing a redemption claim only at the request of one of the spouses. However, he is not bound by such a request and may settle the expenditure in a different way, i.e. by awarding an appropriate amount.