Pursuant to Article 30 of the Family and Guardianship Code, the court may, in a divorce judgment, at the request of one of the spouses, divide the joint property if it will not cause an undue delay in the proceedings. Such division of property is possible first of all in a situation where the former spouses, even before the end of their marriage, reached an agreement on a satisfactory division of the joint property. In a situation where both parties are unable to agree in this regard, the division of property after divorce must be carried out in separate proceedings.
How does the division of property proceed? How long do the proceedings take? Can the court dictate how we should divide the joint property?
Our advocate advises on how to go about property division
In a marriage, a distinction is generally made:
– community property,
– husband’s personal property,
– wife’s personal property.
This state of affairs exists if the future spouses do not modify the statutory rules by means of an agreement concluded before a notary public. Such an agreement may also be entered into during the marriage. A property separation during the marriage may provide security for the assets of spouses who conduct business in the form of companies. This practice is quite common and may well be recommended by an advocate who specializes in property division cases.
What is included in the spouses’ personal property?
The personal property of each spouse consists of what each spouse accumulated before the marriage and what he or she has already acquired during the marriage through inheritance and donation (unless otherwise provided by the donor).
What is included in community property?
Everything that the spouses acquire after marriage, as well as what they earn, comes into the community property unless they agree otherwise.
How do you go about dividing assets?
After a common-law partnership ceases, whether as a result of a divorce decree or a separation agreement, joint property can be divided. The division of property involves getting out of the joint ownership that was created by the spouses acquiring various things – movable and immovable – and rights together.
There are several ways to get out of joint ownership and therefore divide property. One is to assign individual items to each spouse, each of which becomes one owner. A second way is to stipulate that one spouse receives an exclusive share of an asset, but must pay off the other spouse. A third way out of joint ownership is to sell the community property and divide the proceeds between the former spouses.
Importantly, regardless of the mode of proceedings, the parties must consider how they want to divide the joint property, which should then be reflected in the application for division of property or the division agreement.
Division of property – Advocate in Warsaw
We welcome you to contact our Law Office. A qualified and experienced advocate will help you prepare the appropriate documentation and efficiently complete all formalities related to the division of joint property. In case of any questions or doubts our team is at your disposal. We operate not only in Warsaw – we welcome clients from all over Poland.