Settlement of expenses between personal and joint property

According to the Supreme Court decision of February 14, 2024 (III CZ 279/23)
a claim for reimbursement of expenses from joint property to personal property and vice versa (Article 45 of the Family and Guardianship Code), although pursuant to Article 45 § 2 of the Family and Guardianship Code and Article 567 § 1 of the Code of Civil Procedure is decided in non-contentious proceedings, is subject to the rules applicable to a procedural claim for payment. This also applies to the ex officio ruling on reimbursement of expenses for personal property from joint property (Article 45 § 1 sentence 1 of the Family and Guardianship Code). Therefore, the court determines the value of expenses only premised, and not in a separate decision, in order to award an appropriate amount from the enriched spouse. In both cases, the other spouse (the impoverished one) is generally entitled to half of the value of the outlay. The joint claim for payment of the value of the outlay from the joint property to the personal property upon termination of the community is divided equally between the spouses (Article 379 of the Civil Code), and thus expires in half (one cannot be one’s own debtor). In the case of an outlay from the personal property to the joint property, both spouses should also return the outlay in half, i.e. the spouse who made the outlay is entitled to half of the value of the outlay from the other spouse.