ATTENTION – THIS IS AN AUTOMATIC TRANSLATION
The Supreme Court of Poland, in its decision of December 19, 2024 (case no. II CSKP 613/24), established that the right to rent a dwelling obtained during the marriage constitutes an element of joint marital property and must be accounted for during its division. The case involved inheritance and division of joint property after the death of a spouse, including items such as the expectation of a cooperative ownership right to a residential unit, bank funds, a car, and a claim to ownership of real estate with a garage. However, the main point of contention was whether the tenancy right obtained during marriage should be recognized as part of the joint property.
According to Article 31 of the Family and Guardianship Code, upon marriage, a statutory community of property is established by law between spouses. This community of property includes all assets acquired during the marriage by either or both spouses. The Supreme Court, referencing established case law (such as III CZP 46/75, III CZP 28/02, III CZP 33/08), reiterated that the tenancy right gained during the marriage forms part of the joint property and is subject to division, regardless of whether the tenancy agreement was signed by one or both spouses. As a consequence, this right becomes part of the joint property and, subsequently, the estate after one spouse passes away.
It is also important to note Article 691 of the Civil Code, which provides that after the tenant’s death, individuals such as the surviving spouse (not being a co-tenant), children of the tenant and spouse, persons entitled to alimony by the tenant, and any person actually cohabiting with the tenant who lived with them at the time of death, enter into the tenancy relationship. If no such individuals exist, the tenancy generally expires.