How to determine the composition and value of the joint property before its division?

Recent articles have mostly dealt with the issue of division of the parties’ joint property after divorce. Today we would like to address another issue remaining in the above-mentioned topic, namely, we will try to explain to you how to determine the composition and value of the joint property before its division.

 

How to determine the composition of the common property ?

Let’s start by pointing out that when we talk about the composition of the joint property, we mean all the components that belong to it. The legislator has indicated them in Article 31 of the Civil Code, according to which the joint property includes the remuneration received for work and income from other gainful activity of each spouse; income from joint property, as well as from the personal property of each spouse; funds accumulated in the account of an open or occupational pension fund of each spouse, as well as the amounts of contributions deposited on the sub-account referred to in Article 40a of the Act of October 13, 1998 on the social security system. It is worth pointing out that, in accordance with the doctrine and case law, the composition of joint property is determined according to the moment when the community of property ceases.

 

 

How to determine the value of common property ?

Determining the value of the joint property is one of the key issues to be determined when dividing the joint property. It is worth pointing out that very often the parties agree on the value of the entire property as well as the individual items included in it. In such a situation, the court usually agrees on the values proposed by the parties. However, if the parties cannot agree or the court has doubts about the parties’ indications, the value of the property is estimated by an appointed expert. In response to the question posed, it should be noted that in accordance with established case law, the value of the joint property is determined according to the state and prices at the time of the division.

 

If you have any questions or doubts, as well as if you would like to cooperate with us in conducting a case for the division of joint property, we invite you to contact our attorney Catherine, who will be happy to answer your questions and help you throughout the procedure.

Phone: +48 502 775 164

Email: k.lewicka@lzw-law.com