Divorce does not always mean the end of all relationships between former spouses. It is not uncommon for shared assets to remain between them. In this aspect – the house, the car, the joint bank account or above all loans remain disputable. In a judgment pronouncing a divorce the court generally does not divide the property, as it happens on the motion of one of the spouses, but only if it does not cause an undue delay in the proceedings.
In practice, division of property is a post-divorce issue, where it simply has to be dealt with in separate proceedings. This is where my clients often ask me how to do it and whether they need the assistance of a lawyer. How long do I have to wait for the ruling on division of property in Poland? You can find out everything here!
Everything that the spouses acquire after their marriage is included in their common property, except when they agree otherwise. For example, if the contract for the purchase of a home stipulates that it will become part of the wife’s or husband’s personal property, it is sufficient to state otherwise. No asset may be disposed of without the consent of the other spouse. But what if the legal relationship between them breaks down?
Unfortunately, community property is subject to specific rules. In principle, no partition can be demanded as long as the statutory community lasts except under an agreement establishing property separation. In such a situation the statutory community ceases and the joint property of the spouses becomes jointly owned in fractional parts. From the moment such an agreement is concluded, the spouse disposes of his or her property independently and does not need the consent of the other spouse to do so.
If a divorce has been decreed or a property separation agreement has been concluded, the community property can be divided. In this aspect, the division may be carried out by means of an agreement concluded before a notary public or amicably. Often, however, the former spouses will not be in agreement and the subject will be resolved only by court proceedings on the division of assets. Regardless of the procedure, the parties must decide how to divide the property. This can happen in several ways:
As a rule, cases between the spouses are settled based on the first and second methods mentioned above. The assistance of a lawyer in property division definitely shortens and simplifies the case. A professional attorney makes it possible to establish the rules of division faster and limits the occurrence of formal mistakes. Often the cases of division of property are extensive, complicated and therefore may last for years without the help of, among others, a lawyer.
I advise consulting your case in this instance. Each case is slightly different and requires a different approach. Problems most often involve assets accumulated over the years, and that means multiple assets and joint loans. Contact me and we will set up a meeting. I will try to advise you and take care of all the formalities on your behalf!
Autor: Kamil Hupajło