Property constituting a matrimonial property may be divided before divorce, during its duration or after its completion. However, experience shows that former spouses decide to divide their joint property after a divorce hearing. It does not matter whether the division of property concerns Poles or a foreigner who has decided to divorce a person of Polish origin, the rules are the same, if the division of property takes place in the territory of the Republic of Poland. Pursuant to Article 51 of the Act on Private International Law, property and personal relations between spouses are always subject to the common law of the mother country. In the absence of common domestic law, the law of the State where the spouses were living before the divorce or in the absence of a common country of residence shall take into account the country where the spouses were domiciled.
After the property community has ceased as a result of the divorce, the principle is adopted that the property constituting joint property of former spouses should be divided in 50% each. An equal share in the property of ex-spouses is a rule, and it results from economic and personal ties between spouses. According to Polish law, marriage should work for the good of the family and show mutual help, which is why even despite the financial differences occurring during the creation of common property, the principle of equal distribution is recognized. Of course, there are exceptions to this rule. This premise is the situation when one of the spouses in a blatant or persistent way did not contribute to the formation of common property, for example through gambling, addictions (alcoholism, cracks) or making risky financial operations.
If one of the former spouses does not agree to an equal distribution of property, he can apply two solutions:
– reaching a settlement with a former spouse,
– a lawsuit.
Concluding a settlement with your spouse is definitely a simpler and cheaper way to divide your property from carrying out a potential court case. In the event of a settlement, it is important that the spouses agree in writing. Yes, there are situations when the other spouse (who is expected to have a smaller share in the joint property) does not agree to the settlement. In such situations, it is worth to negotiate or mediate with a former spouse and try to convince him that reaching a settlement will bring him much more benefits for him than long-lasting and costly lawsuits. Many former spouses finally managed to make settlements, although initially there was no indication that they would come to an agreement.
However, if the settlement is not possible, a court hearing will be conducted. In order to initiate it, it is necessary to call the former spouse to divide the joint property; in the summons one should clearly make a proposal to divide the real estate, material things and financial resources. In addition, a person who makes a claim should prove statutory premises that entitle to an unequal distribution of property – to which we include the above mentioned makes the risky or reckless disposal of property. There are situations in which one of the spouses may be completely deprived of the right to joint property. However, it should be remembered that court cases involve costs. They are also often long-lasting and stressful for those who participate in them.
In the case of a division of property with a former spouse, it is worth using the help of specialized lawyers who will perform all formalities on our behalf.