Unfortunately, in most cases it is quite the opposite, because divorce is only the beginning of the next stage, which is the settlement of the common property.<\/p>\n\n\n\n
The division of common property is one of the most complex elements of family matters. It concerns not only the apartment or house, but often also savings, cars, shares in companies, businesses, household furnishings, and the expenses incurred by the spouses from personal assets.<\/p>\n\n\n\n
No.<\/p>\n\n\n\n
The crucial importance lies not only in the divorce judgment itself, but also in the termination of marital property community. In principle, during the duration of the statutory community of property, the spouses may not demand the division of the common property. This follows directly from Article 35 of the KRO.<\/p>\n\n\n\n
However, the marital community may end even before the divorce. The spouses can enter into a marital property agreement establishing separate property. Such an agreement requires the form of a notarial deed in accordance with Article 47 of the Civil Code. Regardless of the above, for valid reasons, either spouse may request the court to establish separate property.<\/p>\n\n\n\n
Only after the dissolution of the marital community is it possible to properly divide the assets.<\/p>\n\n\n\n
The division of property can occur in two basic ways \u2013 by agreement or by court order.<\/p>\n\n\n\n
The first solution is the contractual division of assets. If the spouses are able to agree on the composition of the assets, their value and the method of settlement, there is not always a need to conduct a lengthy court proceeding.<\/p>\n\n\n\n
The parties can then determine which of them will receive a specific property, a car, funds deposited in accounts, or other assets, as well as determine any potential payments.<\/p>\n\n\n\n
(The contractual division of property can be made in the usual form of a civil law contract, if the regulations do not require a specific form. However, when the divided property includes real estate, the form of a notarial deed is necessary \u2013 this follows from Article 158 of the Civil Code.)<\/p>\n\n\n\n
In practice, this means that the method of drafting the agreement should be adapted each time to the assets that are to be subject to the division.<\/p>\n\n\n\n
The second option is the judicial division of the common property. In the proceedings, the court primarily determines what was included in the common property, what the value of the individual components was, and how the property should be divided.<\/p>\n\n\n\n
As a rule, the spouses\u2019 shares in the common property are equal. However, this does not mean that in every case the division must end with each spouse receiving exactly half of the value of the property. In exceptional situations, it is possible to request the determination of unequal shares if there are valid reasons for doing so and the spouses have different degrees of contribution to the creation of the common property. In assessing this contribution, personal work in raising children and managing the joint household are also taken into account.<\/p>\n\n\n\n
It is also important to consider the contributions and expenses between the common property and the personal property of the spouses. For example, if funds derived from the personal property of one of the spouses were intended for the purchase or renovation of an item belonging to the common property, this issue may be relevant in the final settlement. Similarly, expenses from the common property on the personal property of one of the spouses may also be subject to settlement.<\/p>\n\n\n\n
It is possible.<\/p>\n\n\n\n
At the request of one of the spouses, the court may divide the common property already in the divorce judgment, if carrying out the division will not cause excessive delay in the divorce proceedings.<\/p>\n\n\n\n
However, if the property composition is extensive, there is a dispute regarding its value, issues of unequal shares, expenses, or settlements arise; conducting a division within a divorce case can significantly complicate and prolong the proceedings. In such situations, the division of assets often requires a separate procedure.<\/p>\n\n\n\n
In my practice, I pay special attention to this type of family matters. I handle cases concerning divorces, property separation and the division of common property, both through mediation and agreements, as well as in court proceedings.<\/p>\n\n\n\n
If a divorce is meant to end a certain stage of life, it is worth taking care to properly and comprehensively close the property matters.<\/p>\n\n\n\n
My law firm specializes in family and property matters, including cases concerning the division of joint property, settlement of expenses, determination of unequal shares, and property separation.<\/p>\n\n\n\n
A well-managed divorce is not just a divorce judgment; it is also about organizing the matters that for years had bound the spouses together.<\/p>","protected":false},"excerpt":{"rendered":"
Unfortunately, in most cases it is quite the opposite, because divorce is only the beginning of the next stage, which is the settlement of the common property. The division of common property is one of the most complex elements of family matters. It concerns not only the apartment or house, but often also savings, cars, shares in companies, businesses, household equipment, and the expenses incurred by the spouses from\u2026<\/p>","protected":false},"author":7,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_kad_blocks_custom_css":"","_kad_blocks_head_custom_js":"","_kad_blocks_body_custom_js":"","_kad_blocks_footer_custom_js":"","_kad_post_transparent":"","_kad_post_title":"","_kad_post_layout":"","_kad_post_sidebar_id":"","_kad_post_content_style":"","_kad_post_vertical_padding":"","_kad_post_feature":"","_kad_post_feature_position":"","_kad_post_header":false,"_kad_post_footer":false,"_kad_post_classname":"","footnotes":""},"categories":[1],"tags":[],"class_list":["post-321","post","type-post","status-publish","format-standard","hentry","category-blog"],"taxonomy_info":{"category":[{"value":1,"label":"Blog"}]},"featured_image_src_large":false,"author_info":{"display_name":"michal2","author_link":"https:\/\/www.radcaszwark.pl\/en\/author\/michal2\/"},"comment_info":0,"category_info":[{"term_id":1,"name":"Blog","slug":"blog","term_group":0,"term_taxonomy_id":1,"taxonomy":"category","description":"","parent":0,"count":9,"filter":"raw","cat_ID":1,"category_count":9,"category_description":"","cat_name":"Blog","category_nicename":"blog","category_parent":0}],"tag_info":false,"_links":{"self":[{"href":"https:\/\/www.radcaszwark.pl\/en\/wp-json\/wp\/v2\/posts\/321","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.radcaszwark.pl\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.radcaszwark.pl\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.radcaszwark.pl\/en\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/www.radcaszwark.pl\/en\/wp-json\/wp\/v2\/comments?post=321"}],"version-history":[{"count":1,"href":"https:\/\/www.radcaszwark.pl\/en\/wp-json\/wp\/v2\/posts\/321\/revisions"}],"predecessor-version":[{"id":322,"href":"https:\/\/www.radcaszwark.pl\/en\/wp-json\/wp\/v2\/posts\/321\/revisions\/322"}],"wp:attachment":[{"href":"https:\/\/www.radcaszwark.pl\/en\/wp-json\/wp\/v2\/media?parent=321"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.radcaszwark.pl\/en\/wp-json\/wp\/v2\/categories?post=321"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.radcaszwark.pl\/en\/wp-json\/wp\/v2\/tags?post=321"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}