In family law, we deal with the concept of „income-generating property”. In the chapter of the family and guardianship code concerning the statutory property regime of spouses there is a provision stipulating that each spouse should reimburse expenses and expenditures made from joint property to his personal property, with the exception of expenses and expenditures necessary for income-generating property (Art. 45 § 1 KRO). Therefore, the question arises as to what can be regarded as an income-generating object and whether such an object can be a non-separated part of the property, e.g. a room.
According to the position of the Supreme Court contained in the decision of May 9, 2013, file ref. II CSK 593/12, the non-separated part of the property may be classified as an income-generating item, if the spouse used this part of the property to perform a freelance profession. Thus, if such a part of the property is, for example, renovated with money from the joint property of the spouses, then the spouse who, thanks to this part of the property, obtained income from performing a freelance profession in it, is not obliged to reimburse expenses and expenses incurred from the joint property. on this part of the property.