ATTENTION ! Automatic translation from Polish<\/p>\n\n\n\n
<\/p>\n\n\n\n
Establishing unequal shares in joint property is permissible as an exception to the rule in Article 43 \u00a7 1 of the Family and Guardianship Code, according to which: both spouses have equal shares in joint property. \u00a7 2 of this provision states:<\/p>\n\n\n\n
\u00a7 2. However, for important reasons, each spouse may request that the determination of shares in joint property be made taking into account the degree to which each spouse contributed to the creation of that property. [\u2026]<\/p>\n\n\n\n
This provision therefore protects spouses whose „contribution” to the joint property significantly exceeds the contribution of the other spouse to the marriage. However, it should be remembered that when determining shares, the court takes into account not only monetary aspects, as according to \u00a7 3:<\/p>\n\n\n\n
\u00a7 3. When assessing the degree to which each spouse contributed to the creation of joint property, the personal effort involved in raising children and maintaining the joint household is also taken into account. When deciding on a request to establish unequal shares, the court must therefore examine the spouses’ overall role in the community they have created, in order to protect the interests of the spouse remaining at home and contributing personally to the family they are creating.<\/p>\n\n\n\n
However, such a case can only be considered if the criterion of „good cause” is met. According to current Supreme Court case law, the mere fact of unequal contributions by both spouses to the development of the joint property does not meet this criterion, as it concerns non-financial reasons (in accordance with the Supreme Court’s Decision of January 10, 2019, file reference II CSK 337\/18). However, in accordance with current case law, the protection of a spouse who has been treated unfairly is quite broad. Examples of situations that meet the criteria of „good cause” include adultery (in accordance with the Supreme Court’s Decision of November 16, 2023, file reference II CSKP 1401\/22), abandonment of the spouse, or a flagrant lack of support for the family. The court decides on the request for the establishment of unequal shares pursuant to Article 567 of the Code of Civil Procedure, as part of the proceedings for the division of joint property after the termination of the community of property regime.<\/p>\n\n\n\n
Are heirs also entitled to protection?<\/p>\n\n\n\n
Yes, the above regulations should also apply to the heirs of a spouse (who is the testator) who has been treated unfairly. The second sentence of Article 43, paragraph 2 of the Family and Guardianship Code provides for the possibility of requesting the establishment of unequal shares in the testator’s marriage, but only if the testator, during his or her lifetime, filed an action for annulment of the marriage, divorce, or separation.<\/p>\n","protected":false},"excerpt":{"rendered":"
ATTENTION ! Automatic translation from Polish Establishing unequal shares in joint property is permissible as an exception to the rule in Article 43 \u00a7 1 of the Family and Guardianship Code, according to which: both spouses have equal shares in joint property. \u00a7 2 of this provision states: \u00a7 2. However, for important reasons, each […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"wp-custom-template-pojedynczy-wpis-en","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[],"class_list":["post-654","post","type-post","status-publish","format-standard","hentry","category-news-en"],"_links":{"self":[{"href":"https:\/\/podzial.rodzinne.com.pl\/news\/wp-json\/wp\/v2\/posts\/654","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/podzial.rodzinne.com.pl\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/podzial.rodzinne.com.pl\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/podzial.rodzinne.com.pl\/news\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/podzial.rodzinne.com.pl\/news\/wp-json\/wp\/v2\/comments?post=654"}],"version-history":[{"count":1,"href":"https:\/\/podzial.rodzinne.com.pl\/news\/wp-json\/wp\/v2\/posts\/654\/revisions"}],"predecessor-version":[{"id":655,"href":"https:\/\/podzial.rodzinne.com.pl\/news\/wp-json\/wp\/v2\/posts\/654\/revisions\/655"}],"wp:attachment":[{"href":"https:\/\/podzial.rodzinne.com.pl\/news\/wp-json\/wp\/v2\/media?parent=654"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/podzial.rodzinne.com.pl\/news\/wp-json\/wp\/v2\/categories?post=654"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/podzial.rodzinne.com.pl\/news\/wp-json\/wp\/v2\/tags?post=654"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}