Division of marital property after divorce in Poland
After a divorce, joint property does not divide itself. Until you divide it, the home, savings and car remain jointly owned. We help establish what is to be divided, what it is worth and how to do it: by agreement or in court.
Call: +48 509 686 245
Mon–Fri, 9:00–16:00 (CET). Consultation: 45 min, PLN 400, online or in person, in English or Polish.
When to contact us
- You are divorcing or already divorced and the property is still jointly owned.
- Your former spouse lives in the shared home and refuses to settle.
- You are repaying a joint loan and want it reflected in the settlement.
- You have received a court application for division of property and must respond.
- You both want an amicable division and need a safe agreement.
How we work
- Consultation (45 min, PLN 400): we establish what the joint property consists of and what your options are.
- Inventory and valuation: we collect documents, establish values and identify contributions to be settled.
- Negotiation: we propose a division to the other side. An agreed division is faster and cheaper.
- Court: if there is no agreement, we file the application and represent you until the case ends.
What does it cost?
- Consultation: PLN 400 for 45 minutes.
- Court fee for an application to divide marital property: PLN 1,000, or PLN 300 if the application contains an agreed division plan.
- Experts: if the value of the property is disputed, the cost of an expert valuation is added.
- The fee for handling the case is agreed individually after the consultation.
How long does it take?
An agreed division can be closed with one contract or at one hearing. If the composition or value of the property is disputed and experts are needed, the case takes much longer, often more than a year. At the consultation we will tell you what to expect in your situation.
What is joint property?
As a rule, everything acquired during the marriage: salaries, savings, real estate, cars, funds in pension accounts. Personal property includes, among other things, what each of you owned before the wedding, and inheritances and gifts, unless the testator or donor decided otherwise.
Is property always split 50/50?
Shares in joint property are equal. For important reasons the court may set unequal shares, taking into account how much each of you contributed to building the property. Work in the home and raising children also counts.
What about a joint mortgage?
The court divides assets, not debts. After the division you both remain liable to the bank for a joint loan until the bank releases one of you. A home with a mortgage therefore has to be divided in coordination with the bank.
Home owned before marriage, mortgage paid together
Such a home remains the personal property of its owner. Instalments paid from joint money are, however, a contribution from joint property to personal property, and you can demand that they are settled in the division.
Division before divorce or in the divorce judgment
Before divorce, division is possible only once the joint property regime has ended: after a separation-of-property agreement made before a notary, or after the court has established separation of property.
In the divorce judgment the court divides property at the request of one spouse, provided it does not cause undue delay. In practice this works mainly when you both agree. See: divorce and mediation.
Can we divide property without a court?
Yes. A contract is enough; if the property includes real estate, the contract must be a notarial deed. We prepare and negotiate such agreements.
Related matters
Book a consultation
45 minutes, PLN 400, online or at our office in Poland, in English or Polish. After the consultation you know your options and what to do first.
Mon–Fri, 9:00–16:00 (CET). Outside these hours write to kancelaria@jaskulowska.pl and we will reply.