Division of property

The division of property after a divorce can be more difficult than the divorce itself, especially when a flat, a business or joint loans are involved. We help clients in Gdańsk, Gdynia and throughout the Tri-City divide their property fairly, amicably or before the court.

How to divide property after a divorce?

Assets can be divided in two ways: by agreement before a notary or in court proceedings. Division by agreement is faster and cheaper, but requires the full consent of the former spouses as to the components and value of the assets; for real estate, the form of a notarial deed is required. When agreement is not possible, the case is decided by the court at the request of one of the parties.

What is subject to division is the joint marital property, that is, as a rule, what was acquired during the marriage. Items belonging to personal property, e.g. acquired before the marriage or by way of gift and inheritance, are not subject to division. We help establish the composition of the estate and choose the most advantageous course of action.

How much does a court division of property cost?

The court fee on an application for the division of assets is 1000 zł, and with an agreed division plan only 300 zł. This shows how worthwhile it is to reach an agreement before entering the courtroom. In the case of division by agreement before a notary, the cost is the notarial fee, which depends on the value of the assets.

In disputed matters, the costs of expert opinions arise, e.g. of a valuer appraising the property. During the free case analysis we advise how to minimise costs and whether an amicable division is realistically achievable.

Is property always divided in half?

The rule is an equal division, that is, in half, but it is not an absolute rule. The court may establish unequal shares if one of the spouses flagrantly failed to contribute to the creation of the property or squanders the joint assets. The input of personal work, including raising children and running the household, is also relevant here.

The settlement also takes into account expenditure from personal property on joint property and vice versa, for example funds from a gift used for a joint flat. These settlements can be complicated, which is why it is worth ensuring proper documentation and the support of a lawyer.

What about the flat and the joint loan?

The most common scenario is awarding the apartment to one of the spouses with the obligation to buy out the other. In the division-of-assets proceedings, the court divides the asset components, while the mortgage loan itself towards the bank remains an obligation of both spouses until the bank releases one of the parties from the debt. This is a key issue that must be settled with the bank separately.

determination of the value of the property and the amount of the settlement payment,
arranging the assumption of the loan and an application to the bank,
securing the interest of the party being paid off.

We handle such cases comprehensively, so that no unsettled obligations remain after the division.

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FAQ

Frequently asked questions

When can a petition for the division of property be filed?

Property may only be divided after the marital community of property has ceased, that is, most often after a final divorce or after concluding an agreement on separation of property. It is also possible to request the division in the divorce judgment itself, provided it does not unduly prolong the case. The claim for division of property is not subject to a limitation period, so it is also possible many years after the divorce.

Is it possible to divide property without a divorce?

Yes, spouses may establish a separation of property by a notarial agreement (a prenuptial or marital property agreement) and subsequently divide the joint property held to date. In exceptional situations, the court may establish the separation of property for important reasons. This solution can be advantageous where one of the spouses runs a high-risk business.

What is included in the joint marital property?

Joint marital property consists above all of what was acquired during the marriage, for example remuneration for work, income from business activity, or jointly purchased real estate. Personal property, such as items owned before the marriage, inheritances and gifts, remains outside the division. The dividing line can be far from obvious, which is why it is worth establishing it with a lawyer.

How long does a property division case take?

An agreed division before a notary or in court can be settled within a few weeks. A disputed judicial division, especially with the valuation of real estate and a business by experts, usually takes upwards of a dozen or so months. The more you agree in advance, the faster and cheaper the proceedings will be.

Do you handle division of property online?

Yes, we handle the entire case, from the analysis of documents to the preparation of the application and the strategy, remotely throughout Poland and in person in Gdańsk and Gdynia. Many activities, such as gathering documents and negotiations, do not require your presence at the office. We also serve clients residing abroad.

Let's talk about your case

Book a one-hour consultation - online or at our office at ul. Kartuska 246 in Gdańsk. We will establish the legal situation and identify a solution to your problem.

Book advice +48 58 500 83 51