How to divide joint marital property after divorce in Poland – template application and practical guide

Maria Zarzycka- 18 March 2026

How to divide joint marital property after divorce in Poland – template application and practical guide

Divorce ends a marriage – but it does not automatically end the co-ownership of assets accumulated during it. The family home, a car, savings – these formally remain jointly owned by both former spouses until a division of joint marital property is carried out. How does the process work? This article explains the legal basis, describes the procedure, and provides a template application.

Table of contents

What forms part of the joint marital estate?
When and where to file the application
How much does the application cost?
What claims can be raised in the division proceedings?
Template application for division of joint marital property
What to write in the statement of reasons
FAQ

What forms part of the joint marital estate?

The joint marital estate comprises assets acquired by either or both spouses during the period of statutory joint matrimonial property (wspólność majątkowa). It includes above all: salary and income from employment or business activity of each spouse; income generated by both the joint and personal estates; funds accumulated in bank accounts during the marriage; real property acquired during the marriage; vehicles; and property rights acquired while the joint property regime was in force.

The joint estate does not include assets forming part of each spouse’s personal property – in particular, assets acquired before the marriage, gifts and inheritances received by one spouse alone (unless the donor or testator provided otherwise), and items serving exclusively the personal needs of one spouse.

One point worth noting: division proceedings cover not only the division of assets between the parties, but also mutual financial claims – for example, reimbursement of expenditure from one spouse’s personal property on the joint estate, or from the joint estate on one spouse’s personal property. These claims can and should be raised within the same proceedings.

When and where to file the application

An application for division of joint marital property can only be filed after the joint property regime has ended. The regime ends upon the divorce judgment becoming final, upon a legal separation order, or upon the conclusion of a notarial property separation agreement (intercyza). It is also possible to apply to the court for a judicial order establishing property separation during the marriage – in which case division can take place before the divorce.

The application is filed with the civil division of the district court (sąd rejonowy, wydział cywilny) for the place where the property is situated. Where the assets are located in different places, the court for the place of residence of the parties or for the location of any one of the assets may have jurisdiction. Where the joint property regime ended due to the death of one spouse, the court with jurisdiction over the estate (sąd spadku) is competent.

The proceedings are non-contentious (postępowanie nieprocesowe) – the parties are the applicant and the participant rather than claimant and defendant.

How much does the application cost?

The court fee for an application for division of joint marital property is:

PLN 1,000 – where the application is contested (the parties disagree on how the property should be divided); PLN 300 – where the application contains an agreed division plan accepted by both parties.

The difference is significant – and is one of the main practical reasons why reaching agreement with the former spouse before filing is worthwhile. An agreed application means not only a lower fee, but also faster and less adversarial proceedings.

The value of the claim (wartość przedmiotu sporu) is the total value of the assets subject to division. This figure must be stated in the application and the court may verify it on the basis of title documents and valuations.

What claims can be raised in the division proceedings?

Division proceedings are not limited to simply splitting assets between the parties. A number of additional claims can be raised within the same application and should be included from the outset: a request to establish unequal shares in the joint estate (where one spouse contributed significantly more to its creation); a claim for reimbursement of expenditure from personal property on the joint estate (for example, funds from a gift used to purchase the jointly owned flat); a claim for reimbursement of expenditure from the joint estate on one spouse’s personal property; and settlement of debts paid by one spouse after the joint property regime ended.

In our experience, failing to include these claims in the initial application is a costly mistake. The court rules only on what the parties request – which is why a comprehensive and carefully drafted application matters so much.

Template application for division of joint marital property

Poznań, _____________ [date]

District Court Poznań-Stare Miasto in Poznań Civil Division I ul. Młyńska 1a 61-729 Poznań

Applicant: (full name) residing at: _______________________________ PESEL: _____________________________

Participant: (full name) residing at: _______________________________ PESEL: _____________________________

Value of the claim: _______ PLN Court fee: _______ PLN (PLN 1,000 / PLN 300 – agreed plan)

Application for division of joint marital property

Acting on my own behalf, I apply for:

A finding that the joint marital estate of the applicant (full name) and the participant (full name) comprises the following assets:

a) (description of asset – e.g. real property, address, land register number, estimated value); b) (description of next asset – e.g. vehicle, make, year, registration number, estimated value); c) (bank account balances, savings, other assets);
Division of the joint marital estate by awarding the assets listed in point 1, sub-points _______ to _______, to the applicant as sole owner, and the remaining assets to the participant as sole owner;
An order that the participant pay the applicant a balancing payment of PLN _______ to equalise the value of the shares (if applicable);
An order that the participant pay the applicant’s costs of the proceedings in accordance with the applicable scales.

Statement of reasons

(The statement of reasons should set out: when the parties married and when the joint property regime ended; whether the parties concluded any matrimonial property agreements; what assets form part of the joint estate and what their value is; why the proposed division is justified. Where claims for reimbursement of expenditure or unequal shares are raised, the relevant circumstances should be described.)

(signature of the applicant)

Attachments:

copy of the application and attachments (for service on the participant);
proof of payment of the court fee;
title documents for individual assets (land register extract, vehicle registration document, bank statements, etc.);
divorce judgment or separation order (confirming the end of the joint property regime);
valuations of assets (where available);
any other documents referred to in the body of the application.

What to write in the statement of reasons

The statement of reasons should present a complete picture of the parties’ financial situation. It must identify the date of the marriage and the date on which the joint property regime ended, confirm the absence or existence of a matrimonial property agreement, describe all assets forming part of the joint estate together with their values, and explain the proposed method of division.

Where a balancing payment is sought, the statement should explain the difference in the value of the shares allocated to each party and the amount of the payment sought. Where claims for reimbursement of expenditure are raised, the statement should describe when and in what amount the expenditure was incurred and from which estate the funds originated.

FAQ

Does the division of property have to go through the courts? No. Former spouses can divide their joint property by notarial deed – before a notary, with mutual agreement. This is a faster and often cheaper option, particularly where the estate includes real property. Court proceedings are necessary only where the parties cannot reach agreement.

Can the division take place before the divorce judgment becomes final? As a general rule, no – division requires the joint property regime to have ended first. The exception is where property separation has been established by court order or notarial agreement during the marriage, in which case division can take place before the divorce.

How long do division proceedings take? With an agreed application, proceedings can be completed within a few weeks to a few months. In contested cases involving real property, expert valuations, and claims for reimbursement of expenditure, proceedings can take from one to several years.

Can I claim a larger share than half of the joint estate? Yes, in exceptional circumstances. Where one spouse contributed significantly more to the creation of the joint estate, or where the other spouse grossly neglected their family and financial obligations, the court may establish unequal shares. This is a claim that requires solid argumentation and evidence.

What if the former spouse is concealing assets? During the proceedings, an application can be made to the court to order the participant to provide a list of assets, and the court has tools to verify the information provided. Deliberately concealing joint assets can also have negative procedural consequences for the party doing so.

I am a foreign national – does Polish law apply to the division of our joint property? The applicable law depends on several factors, including the spouses’ nationality, their habitual residence, and any matrimonial property agreement they may have concluded. EU Regulation No 2016/1103 on matrimonial property regimes applies as between EU member states and governs both jurisdiction and applicable law. Where assets are located in Poland and the parties are habitually resident in Poland, Polish courts will generally have jurisdiction and Polish law will typically apply. Where assets are spread across multiple countries, the analysis is more complex and legal advice on the specific situation is strongly recommended.

What if the joint estate includes a mortgage – how is that dealt with in the division? Assets are divided between the parties, but debts owed to third parties (such as a bank) are not discharged by the division. A court order allocating the mortgage to one spouse is effective between the parties but does not bind the bank without its consent. Formal release of one spouse from the mortgage requires the bank’s agreement. This distinction is important and is addressed separately in the article on joint mortgages after divorce.

Read more about whether joint marital property can be divided within the divorce judgment itself → [link to relevant page]

Want to divide joint marital property and not sure where to start? Call: +48 531 335 713 or email: kancelaria@prawnikodrozwodu.pl

This article is for general informational purposes only and does not constitute legal advice. Every family law case is individual and requires analysis of the specific facts and documents involved. The law firm accepts no liability for actions taken on the basis of the information contained in this article. For advice tailored to your situation, please contact our office.

Kancelaria Prawa Rodzinnego (Family Law Office): 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 | www.prawnikodrozwodu.pl