No limitation period for requesting unequal shares

In accordance with art. 43 of the Family and Guardianship Code, both spouses have equal shares in the joint property. However, as parish says 2 of this article, for important reasons, each of them may request a fixing of shares, taking into account the extent to which the parties contributed to its creation. As the Supreme Court stated in its resolution reference number III CZP 83/72 of November 22, 1972, request under art. 43 of the Family and Guardianship Code is not of a financial nature, but it aims to shape a different legal relationship. Consequently, such a claim is not subject to a limitation period. The Supreme Court also supported these conclusions by the provisions of Art. 220 and 1035 of the Civil Code, from which it follows that the provisions on joint ownership apply to joint property, which expressly exclude the limitation period for claims ending it. However, according to art. 567 of the Code of Civil Procedure, settlement of unequal shares is part of the division of property, therefore the statute of limitations also does not apply. Consequently, the spouses may submit to the court an application for determination of unequal shares in joint property without a time limit, but only until the division of joint property.