Notarial Actions
Family Law

Division of marital property

Division of marital property

During a statutory joint property regime neither of the spouses may request that the marital property be divided. Spouses may divide their marital property only after their statutory joint property regime has been abolished (e.g. by means of a divorce or after conclusion of an agreement on marital property). If the parties are able to reach an agreement on the division of property, it can be done by concluding an agreement before a notary public.

Required information:

  • particulars of the spouses: first name, surname, parents’ first names, identity card’s series, number and validity date, Polish Resident Identification Number (PESEL), residence address, a document concerning separation, divorce or agreement on marital property,

  • subjects of the agreement and their market values,

  • manner of the property division,

  • information on possible mutual repayments,

  • information on release of the assets.

 Documents required for the agreement:

  • identity card or passport,

  • basis for the acquisition of real estate if the basis for the acquisition in the case of natural persons is:

  • inheritance, ordinary legacy, subsequent legacy, specific bequest, testamentary instruction,

  • donation, donor’s instruction established after January 1, 2007,

  • adverse possession,

  • gratuitous cancellation of joint ownership established after January 1, 2007,

it will also be necessary to provide the following:

  • certificate issued by the competent Head of the Tax Office on settling the tax on inheritance and donations as regards acquisition of the subject of the action on the above-mentioned basis.

  • a copy of the divorce decree (if the property is divided as a result of divorce),

  • a copy of the separation judgement (if the property is divided as a result of separation),

  • an excerpt of a notarial deed documenting the agreement on marital property (if the division of property takes place as a result of concluding a marital property agreement),

Additional documents required in connection the subject of the agreement:

1. cooperative member's right to residential premises without a land and mortgage register:

  • certificate issued by a housing cooperative informing who is entitled to the premises being the subject of the agreement on marital property division.

2. Real estate constituting a developed or undeveloped plot of land:

  • a certificate informing about the intended use of the real estate in the local spatial development plan or a decision on land development and management conditions,

  • extract from the land register containing a clause stating that this document serves as the basis for making an entry in the land and mortgage register,

  • should there be inconsistency between the description of the real estate in the land and building register with the land and mortgage register or in the event of separation of a part of the real estate - an extract from a property map containing a clause for the purpose of making an entry in the land and mortgage register,

  • if the real estate has been created as a result of a division - an extract from a property map containing a clause for the purpose of making an entry in the land and mortgage register and a decision approving the division of the real estate.

3. Cars - registration documents.

Costs:

1. Each time the notarial fee is determined individually.

The maximum rates are provided for in the Regulation of the Minister of Justice of June 28, 2004 on the maximum rates of notarial fees.
Contact our Notary’s Office to obtain information about the notarial fee related to real estate inheritance division.

2. Court fees depend on the types of entries made in accordance with the Act of 28 July 2005 on court costs in civil cases.

3. Notarial fee for excerpts amounts to PLN 6 net (PLN 7.38 gross) for each started page.

Extension of the joint marital property

Extension of the joint marital property

The spouses may extend their statutory joint marital property to include items that previously belonged to their personal property. If the subject of the extension is real estate or cooperative member's ownership right to premises for which a land and mortgage register is kept, then a marital property agreement may also include a provision regarding a land and mortgage register application on the basis of which a notary public will disclose in the land and mortgage register that upon conclusion of the marital property agreement the spouses became owners of the indicated property as statutory joint property of spouses.

Required information:

  • particulars of the spouses: first name, surname, parents’ first names, identity card’s series, number and validity date, Polish Resident Identification Number (PESEL), residence address.

Required documents:

  • identity card or passport,

  • basis for the acquisition of real estate if the basis for the acquisition in the case of natural persons is: 

    • inheritance, ordinary legacy, subsequent legacy, specific bequest, testamentary instruction,
    • donation, donor’s instruction established after January 1, 2007,
    • adverse possession,
    • gratuitous cancellation of joint ownership established after January 1, 2007,

it will also be necessary to provide the following:

  • certificate issued by the competent Head of the Tax Office on settling the tax on inheritance and donations as regards acquisition of the subject of the action on the above-mentioned basis.

Additional documents required in connection the subject of the agreement:

1. cooperative member's right to residential premises without a land and mortgage register:

  • certificate issued by a housing cooperative informing who is entitled to the premises being the subject of the donation,

2. Real estate constituting a developed or undeveloped plot of land:

  • a certificate informing about the intended use of the real estate in the local spatial development plan or a decision on land development and management conditions, extract from the land register containing a clause stating that this document serves as the basis for making an entry in the land and mortgage register.

Costs:

1. Each time the notarial fee is determined individually.

The maximum rates are provided for in the Regulation of the Minister of Justice of June 28, 2004 on the maximum rates of notarial fees.
Contact our Notary’s Office to obtain information about the notarial fee related to real estate inheritance division.

2.  Court fees depend on the types of entries made in accordance with the Act of 28 July 2005 on court costs in civil cases.

3.  Notarial fee for excerpts amounts to PLN 6 net (PLN 7.38 gross) for each started page.

Establishment of marital property separation

Establishment of marital property separation

In their marriage the spouses may establish a regime other than that provided for by the law upon entering into the marriage (other than the statutory joint marital property). The spouses may decide that each spouse should keep both the property acquired before the conclusion of the agreement and the property acquired later and manage the property independently. For this purpose, it is necessary to conclude an agreement on marital property, i.e. property separation agreement in the form of a notarial deed. The above agreement may also be concluded before entering into a marriage.

Required information:

  • particulars of the spouses or spouses-to-be: first name, surname, parents’ first names, identity card’s series, number and validity date, Polish Resident Identification Number (PESEL), residence address.

Required documents:

  • ID card or passport (if the property agreement is concluded before entering into marriage),

  • ID card or passport and an abridged copy of marriage certificate (if the property agreement is concluded after entering into marriage).

Costs:

1. Each time the notarial fee is determined individually.

The maximum rates are provided for in the Regulation of the Minister of Justice of June 28, 2004 on the maximum rates of notarial fees.

2. Notarial fee for excerpts amounts to PLN 6 net (PLN 7.38 gross) for each started page.