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.