Division of the house after divorce

Today’s article will be devoted entirely to the subject of division of property and, more specifically, to the issue of division of the joint house of spouses after a divorce has been decreed. At the outset, it is worth pointing out that according to the legislator’s regulations, “At the moment of marriage, a community of property (statutory community) arises between spouses by operation of law, including property acquired during its duration by both spouses or by one of them (common property). Property items not covered by statutory community belong to the personal property of each spouse.”

More often than not, the spouses’ house is one of the largest components of their joint property, and it is over it that the most disputes arise between them regarding the division of joint property. However, as indicated earlier, not all items will belong to the parties’ joint property, and the house in which the parties have cohabited will not always be included in the application for the division of joint property. 

 

 

What does this mean in practice ? The parties will be able to divide the house when it is jointly owned. This means that the house will be able to be divided between the parties if the spouses acquired it or the plot of land on which it is located during the marriage. In the event that the plot of land on which the house was erected belonged to one of the spouses before the marriage, was donated to him or inherited by him, the house will not be part of the joint property and will not be subject to division.

It is worth pointing out, however, that despite the impossibility of dividing the house during a case on the division of the joint property, the party to whom the plot of land does not belong is entitled to demand settlement of expenses or division of the property. Interestingly, also, if the house was built only with funds belonging to the party to whom the plot did not belong, that party can claim ownership of the entire property. 

Common property division cases are characterized by great complexity and individuality. These are cases that very often exacerbate the already existing conflict between the parties generating additional and unnecessary situations.  

 

If you are looking for a law firm that will handle your case for the division of joint property, we invite you to contact attorney Catherine, who will be happy to assist you in the entire procedure. 

Phone: +48 502 775 164

Email: k.lewicka@lzw-law.com