Division of property

A qualified lawyer from our law firm will conduct cases related to the division of property both in Warsaw and throughout Poland
Our law firm has many years of experience in regulating various matters relating to the division of property of former spouses, including cases with the so-called ‘foreign aspect’ (where some assets are located outside Poland, or the represented party is a foreign national)..

When issuing a divorce decree, the court may divide the joint property of spouses only in exceptional cases, when both parties have filed a consistent petition to this effect. In practice, however, such situations are very rare. Therefore, in order to divide their joint assets after the termination of the community property regime parties must file a separate petition to the court once the divorce decree has become final.

Cases relating to division of property often last a long time because the court must conduct a comprehensive calculation of all the joint assets, determining their composition and value ex officio. Since some assets may have a complicated legal status, and there may be difficulties in providing evidence due to the lapse of time or the nature of the asset, proceedings for division of property are, in principle, classified as difficult cases.

These matters are often complicated by the claimants, who try to hide certain joint assets. In addition, in cases of division of property the parties must make any settlements related to their joint assets (e.g. outlays and expenses, compensation for the deprivation of co-ownership, benefits from jointly owned assets). Once the proceedings for the division of joint assets have been completed, the parties lose the right to make any claims in this regard.

It is important to bear in mind that those settlements are made by the court only at the request of the claimants , and the court is not in a position to act ex officio in such matters (except for accounting for expenses from joint property to personal property).

As a consequence, it is essential to ensure the assistance of a good lawyer in cases related to the division of property.

For legal advice we invite you for a personal meeting in our office with Ms. Aleksandra Pietkiewicz lawyer, a specialist in family law (including in matters of division of property). In order to arrange a meeting time (also after 17.00), please call the firm at 8.00 AM – 17.00 PM.