Division of Property

Division of Property

At the moment of concluding a marriage between spouses, a statutory system of joint property is established. Such a situation lasts until the end of the marriage or until the conclusion of a property separation agreement. Cases concerning the division of property are usually connected with a divorce decision, but they also occur in other situations, and the division can be made on the basis of an agreement or in court proceedings. The Law Firm provides assistance depending on the circumstances of a given case through the preparation of an appropriate agreement, conducting negotiations or representation before the court in proceedings for the division of property.

Marriage contract of property

Both before and after marriage, a marriage contract may be concluded on the basis of which joint property is extended, joint property is reduced or two separate properties are left. The purpose of the property agreement is to reflect the plans and private financial assumptions of the spouses and to facilitate the management and disposal of the property on a mutually determined basis by the parties. The Law Firm provides services of property analysis and preparation of a contract containing regulations reflecting the will of customers.

Common property and personal property

If no marriage contract is concluded, the spouses will have a statutory property regime which distinguishes between the personal property of each spouse and the common property. The Law Firm verifies which property components are in a particular collection and assesses the value of specific objects and rights, which allows for efficient preparation of both marriage property and proceedings for the division of property.

Cessation of commonality of assets

During the period of the statutory property community, none of the spouses may request the division of the joint property or dispose of or commit to dispose of the share which, in the event of the cessation of the community, will accrue to him/her in the joint property or in individual objects belonging to this property. The situation changes when the community ceases to exist between the spouses, which is the case, inter alia, with the spouses:

  1. of the divorce court’s ruling,
  2. a ruling by the court of separation,
  3. the annulment of the marriage,
  4. the establishment of property separation between spouses on the basis of a court decision or a contract,
  5. the incapacitation of one of the spouses,
  6. the death of one of the spouses.

The cessation of co-ownership allows to determine the spouses’ shares in the gathered property and to divide it. Proper preparation of documentation, reliable collection of evidence and determination of the appropriate value of assets is particularly important for the conduct of an asset allocation procedure. The Law Firm provides comprehensive services in preparing court proceedings and representation before the court in order to protect the property rights of Clients, and in the case of the willingness to divide the assets by an out-of-court agreement, provides support at every stage – from verification of the legal and factual status, through negotiation of the terms of the agreement, to the preparation and signing of the agreement and registration of ownership changes in the relevant registers.

Settlement of expenditure and outlays

When allocating the joint property of the parties, it may be necessary to settle between the former spouses the expenses and outlays on the joint property of the parties or on the joint property of one of the parties. It is important to knowingly make a distribution that reflects the actual property relationships between the parties, including, inter alia, the settlement of one spouse’s debts arising from joint property or expenditure from joint property on property forming part of the personal property of one spouse and used exclusively by him/her. Due to the specific legal regulations of the Family and Guardianship Code limiting settlements in some cases, the Law Office analyzes transfers of property between spouses taking into account their purpose and presents the possibilities and ways of their tax treatment in the perspective of proceedings for the division of property.