Division of Marital Property After Divorce — Legal Assistance in Poznań
A divorce judgment ends the marriage — but it does not resolve the question of assets. Division of marital property is a separate matter, and often a more complex and time-consuming one than the divorce itself. We assist at every stage: from establishing what actually forms part of the marital estate, through negotiating a settlement, to representation before the court.
Tel.: +48 531 335 713 | kancelaria@prawnikodrozwodu.pl
What Forms Part of the Marital Estate?
Under Polish law, marriage automatically creates a regime of community of property (wspólność majątkowa) between the spouses (Art. 31 of the Family and Guardianship Code, hereinafter “FGC”). This encompasses everything acquired by either or both spouses during the marriage — regardless of who is formally registered as the owner.
The marital estate includes: both spouses’ employment income and earnings from any gainful activity; income generated by both the marital and personal estates (rent, interest, dividends); real estate acquired during the marriage; vehicles and other movable property; savings held in bank accounts; and funds accumulated in pension and individual retirement accounts (IKE, IKZE).
It is also worth noting that ordinary household items — furniture, domestic appliances — form part of the marital estate even if acquired before the marriage, provided they serve the family on a day-to-day basis.
What Remains Personal Property?
Each spouse’s personal property is not subject to division (Art. 33 FGC). Personal property includes: items acquired before the marriage; items acquired by inheritance or gift — unless the donor stipulated otherwise; items serving exclusively personal needs (clothing, professional equipment); and compensation for personal injury and damages for pain and suffering.
Particularly contested are claims arising from contributions made from personal property to the marital estate and vice versa — for example where one spouse used pre-marital savings towards the purchase of the jointly owned family home. Such claims can be settled as part of the division proceedings, but they require solid documentary evidence. From our experience at the firm, clients frequently do not retain transfer confirmations or gift agreements from earlier years — an oversight that can significantly hamper the recovery of what they are entitled to.
When Can Division Proceed?
Division of the marital estate is only possible once the community of property has ended. Most commonly this occurs when the divorce judgment becomes final — typically 21 days after it is delivered, if neither party has appealed.
Filing a divorce petition does not in itself end the community of property. This is a common misunderstanding — clients often assume that from the moment of filing they stop acquiring joint assets, but that is not the case. The community continues until the judgment becomes final.
Earlier termination of the community is possible by entering into a prenuptial or marital property agreement before a notary (intercyza), by court order on the application of one spouse, or in certain circumstances upon the insolvency or legal incapacitation of one spouse.
Settlement or Court Proceedings?
This is the first and most important question we ask at the consultation. A negotiated settlement — before a notary or through mediation — is faster, cheaper and less burdensome. Court proceedings in Poznań typically take two to four years, and in complex cases may last considerably longer.
A notarial settlement is always the recommended route where the estate includes real estate. It requires the form of a notarial deed and the genuine agreement of both parties on the terms of division. From our experience, even parties in significant conflict can reach agreement when each side is represented by an experienced lawyer — the conversation is a different one when emotions are separated from legal arguments.
Mediation is a good option where the parties are unable to speak to each other directly, but does not preclude a settlement. An agreement reached before a mediator and approved by the court has the force of a court settlement.
Court proceedings are necessary where a negotiated outcome is not possible. The application is filed with the district court (sąd rejonowy) with jurisdiction over the location of the most significant part of the estate. The court filing fee is 1,000 PLN — or 300 PLN if a jointly agreed proposed division is submitted with the application.
Equal or Unequal Shares?
The default rule is straightforward: each spouse holds a 50% share in the marital estate (Art. 43 FGC). The court may depart from this only for serious reasons — where one spouse grossly neglected their family obligations, dissipated assets (through gambling or addiction), deliberately concealed income, or for an extended period failed to work or manage the household despite being capable of doing so.
Courts in Poznań rarely grant applications for unequal shares — and require compelling evidence, not mere assertions. Earning more than the other spouse, or making a greater contribution to running the household, is not in itself sufficient.
How Does the Court Divide the Estate?
The most common outcome is that specific assets are awarded to one party with an obligation to pay the other a sum representing their share. In practice this typically means: the family home going to the spouse who stays in it with the children; the car going to whoever actually uses it; and a business or company shares going to the spouse who runs the enterprise. The court may order the buyout payment to be made in instalments.
Where neither party is able or willing to take on a particular asset, the court may order its sale and division of the proceeds.
Physical division of real estate — for example by surveying and separating plots of land — is possible but rarely used in practice due to the difficulties involved.
Why Have a Lawyer for Division of Property?
You are not legally required to have one. You can file the application yourself and appear at hearings without representation. In practice, however, property division cases are among the most demanding in all of family law — for several concrete reasons.
First, establishing what is in the marital estate is itself often contested. The other side may claim that a particular flat was a gift, that savings were accumulated before the marriage, or that a business is personal property. Without knowledge of the rules on substitution of assets, contributions and accounting between estates, it is easy to overlook claims you are entitled to bring — or to fail to counter claims wrongly attributed to you.
Second, valuation is a separate problem. A court-appointed expert values real estate, company shares or a business according to specific methods — but a party may challenge the expert’s assumptions, apply for a supplementary opinion or seek the appointment of a second expert. Without a lawyer it is difficult to respond effectively to these procedural manoeuvres in real time during a hearing.
Third, the division also involves accounting for contributions — what each spouse brought from their personal estate into the marital estate and vice versa. Clients frequently do not know that such a claim exists at all. Yet it can be the factor that determines how much you ultimately receive.
Finally — negotiations. A significant proportion of property division cases end in a settlement, but parties rarely reach one on their own. An experienced lawyer knows which points to concede in order to achieve more on the issues that actually matter financially. Negotiations between lawyers proceed differently from conversations between former spouses — more calmly and more productively.
Cases From Our Practice
Family home with a mortgage The spouses jointly owned a flat worth 600,000 PLN, subject to a mortgage with an outstanding balance of 200,000 PLN, a car (50,000 PLN), household contents (30,000 PLN) and savings (80,000 PLN). The flat was awarded to the wife, who remained there with the child — she also took over the mortgage liability. The husband received the car and the full amount of the savings. We negotiated a staged buyout payment and secured our client’s interests by way of a mortgage registered on the property.
Company shares The spouses jointly owned a house (1,200,000 PLN), shares in a limited liability company (800,000 PLN), two cars and bank deposits. The central challenge was ensuring that the shares were properly valued — the husband, as the company’s director, had an interest in a lower valuation. We ensured a rigorous expert valuation, which was decisive in determining the buyout amount payable to the wife.
Contributions from personal property The wife had contributed a parental gift of 150,000 PLN towards the purchase of the jointly owned flat. The husband, in turn, had made improvements financed from the marital estate to a property belonging to the wife’s personal estate (a renovation worth 70,000 PLN). We settled both claims in the division proceedings, which directly affected the final buyout figure. The key was documentary proof of both contributions — without the right evidence, neither claim could have been pursued.
Frequently Asked Questions
When can division of property begin? After the divorce judgment becomes final — typically 21 days after it is delivered. Filing a divorce petition does not end the community of property.
How much does property division cost? The court filing fee is 1,000 PLN (or 300 PLN where a jointly agreed proposed division is submitted). In addition, there are expert costs — a property valuation typically runs to several thousand PLN — and legal fees, which depend on the value and complexity of the case. A notarial settlement is almost always cheaper than court proceedings.
Can the estate be divided without going to court? Yes — by notarial agreement or by a mediated settlement approved by the court. This is a faster and cheaper route and is worth considering even in contested situations, where both parties have professional legal representation.
How long do property division proceedings take in Poznań? Court proceedings typically take two to four years. Where the estate is complex, valuations of real estate or company shares are required, or the level of conflict is high — longer. This is one of the main arguments in favour of a settlement.
Can unequal shares be claimed? Yes, but it is difficult to obtain. The court will only depart from the 50/50 default for serious reasons: dissipation of assets, gross neglect of family obligations, or deliberate action to the detriment of the marital estate. Earning more than the other spouse is not sufficient.
Preparing for Your First Consultation
The first consultation costs 400 PLN and lasts 60–90 minutes. Property division cases can be complex, but you do not need to have all the answers at the first meeting — you need to know what you have.
Before the meeting it helps to draw up a rough inventory of the marital estate — even on a piece of paper: real estate with approximate market values, vehicles, savings and term deposits, loans and other liabilities. If you run or co-own a business or hold shares in a company, that is relevant too. You do not need precise figures — a general picture of the situation is enough to allow an initial assessment.
It is also worth thinking about whether any assets may have come from personal property — yours or the other side’s. Family gifts, pre-marital savings, inherited property. If you have documents evidencing such contributions — gift agreements, transfer confirmations, notarial deeds — bring them. These are often decisive for the final outcome of the division.
If you already have the divorce judgment, bring it. If there was a prenuptial agreement, bring that too. Documents relating to real estate are also useful: purchase deeds, mortgage agreements, statements of outstanding mortgage balance.
At the meeting we will assess what forms part of the marital estate, what claims you are entitled to bring, whether a settlement is realistic and what strategy makes sense in your situation. You will leave knowing what to expect and what to do first.
Contact Us
How your property is divided will shape your financial situation for years to come. It is worth making sure you are properly prepared — both in terms of what you are entitled to claim and how to pursue it.
We handle property division cases in Poznań and across Greater Poland — in person and remotely for clients based in other parts of Poland or abroad.
Kancelaria Prawa Rodzinnego Adwokat Michalina Koligot, Adwokat Marta Krzyżanowicz, Adwokat Anna Konrady, Radca Prawny Joanna Jędrzejewska
ul. Mickiewicza 18a/3, 60-834 Poznań Tel.: +48 531 335 713 kancelaria@prawnikodrozwodu.pl | prawnikodrozwodu.pl
Office hours: Monday–Friday, 8:00–16:00 Consultations in person and online. First consultation: 400 PLN.
This page is for general informational purposes only and does not constitute legal advice. Legal information current as of January 2026.