JOINT PROPERTY OF SPOUSES AFTER DIVORCE

Today’s article will focus entirely on the topic of the division of joint property of spouses after a divorce has been declared between them. As you know, it happens very often that the parties decide to dissolve the marriage that unites them. Spouses then face the need to answer the question of how to divide the jointly accumulated assets?

It is worth emphasizing at the outset that the joint property of the parties is called that property which comes into existence between the spouses, at the time of marriage. According to Article 31 of the KRO, “At the moment of marriage, a community of property (statutory community) arises between spouses by operation of law, including property items acquired during its duration by both spouses or by one of them (joint property). Property items not covered by statutory community belong to the personal property of each spouse.”

 

 

After a divorce is declared between spouses, they have two options for dividing their joint property. The first option is to contractually divide the property. Unfortunately, spouses rarely use this option due to the fact that they are most often unable to agree on contentious issues and decide for themselves how they should divide their assets. 

The second, mostly chosen option, is judicial division of joint property. This option is best for conflicting parties. In order to divide the property through court proceedings, it will be necessary to file a petition with the district court of the place where the property is located. Importantly, if the property includes items located within the jurisdiction of different courts, in such a situation it will be up to the applicant to choose the competent court.

Property division cases are quite complicated. Not always spouses decide on an equal division of their jointly accumulated property. This is because it often happens that for good reasons one spouse demands that an unequal division of property be determined. 

 

If you need help with your property division case, we invite you to contact our attorney Catherine, who will be happy to answer your questions and will guide you through the entire process.

Phone: +48 502 775 164

Email: k.lewicka@lzw-law.com