Pursuant to Art. 686 of the Code of Civil Procedure in connection with joke. 567 § 1 and 3, in proceedings for the division of joint property, the court also decides on mutual claims between spouses for possession of individual items of joint property, obtained benefits and other income, as well as expenditure on joint property and paid debts.
Pursuant to the decision of the Supreme Court of May 12, 2021 (case file number IV CSKP 60/21, LEX No. 3252369), „if the applicant, after the termination of the community property, and before the division of the joint property, repaid the debt, which arose during the statutory joint life and was a joint debt of the spouses, or the debt of one of them, but incurred in connection with the joint property, such debt should be settled as part of the division of joint property „. It means, therefore, that the joint debt of the spouses, which arose during the statutory joint venture, is to be divided when the joint property is divided.
Moreover, the Supreme Court also indicates that „if, during the period of joint property, the debt was incurred only by one of the spouses, who was a debtor towards the creditor, and the financial benefit obtained by him was allocated to the joint property, and in the period between the termination of the joint property and the division the joint property, the debt has been repaid by the debtor from his personal property, the other spouse is obliged to return half of the repaid amount. ” Similarly, the Supreme Court indicates in its decision of October 29, 2021 (case No. II CSK 170/21, LEX No. 3284812).