We have handled over a hundred cases regarding the division of marital property, in which we divided assets worth over PLN 150 million.
Do you want to know how we will use the knowledge and experience we have gained in your case? Contact us and find out what we will do to ensure that the division of property goes according to your wishes.
We will not forget about any component subject to the division
We will establish the actual value of each component
From division done on your terms
The division of joint property is usually the last legal issue that needs to be settled between former spouses. Regardless of whether the division of property takes place by agreement or as part of a heated dispute, the path to a fair conclusion is usually longer and more complicated if you go it alone.
Let us help you and find out what the work of a lawyer specializing in matters related to the division of marital property looks like?
Contrary to the popular belief, you do not have to wait until divorce to divide marital property. The obstacle to its division is the existence of community of property, which can be resolved not only by divorce. Separation of property will also result from a court-ordered separation, conclusion of a prenuptial agreement, court decision on separation of property, incapacitation and declaration of bankruptcy of at least one of the spouses.
What is included in matrimonial property? This is the basic issue. To divide, you must first determine the object of the division. Upon entering into a marriage, community of property is established between the spouses, including property acquired during the marriage by both spouses or by one of them (matrimonial property). Property not covered by statutory community property belong to the personal property of each of the spouses and are not divided.
After determining the composition of the matrimonial property, it is necessary to physically divide the joint property and determine “what will go to whom”. If the physical division of community property is impossible or unjustified, all or part of it is awarded to one of the former spouses, with the obligation to repay the other spouse – in accordance with his share in the community property and the value of the settled items.
The division of accumulated community property is not everything. As part of the division of property, expenses made from the personal property of one of the spouses should also be settled for the community property and expenses made from the community property for the personal property of both spouses.
During the marriage, you can draw up a notarial agreement establishing the separation of property and at the same time divide the community property accordingly.
There are no obstacles to divide the property of the spouses, already in the case of divorce or separation. In these cases, such a division may only take place at the joint request of the parties, on the basis of a properly prepared contract document, for the division of community property.
If there is no chance for a harmonious division of property, the only solution is to submit a case for the division of the spouses’ joint property to the district court. The competent court is the place where the property is located, and if the community ended due to the death of one of the spouses – the inheritance court.
During the marriage, you can draw up a notarial agreement establishing the separation of property and at the same time divide the community property accordingly.
There are no obstacles to divide the property of the spouses, already in the case of divorce or separation. In these cases, such a division may only take place at the joint request of the parties, on the basis of a properly prepared contract document, for the division of community property.
If there is no chance for a harmonious division of property, the only solution is to submit a case for the division of the spouses’ joint property to the district court. The competent court is the place where the property is located, and if the community ended due to the death of one of the spouses – the inheritance court.
The court charges a fixed fee of PLN 1,000 for an application for the division of community property after the dissolution of matrimonial property. This fee is paid by the former spouse who submits the application for division of property.
If the application contains a compliant plan for the division of this property, a fixed fee of PLN 300 is charged. If the dispute between the spouses also concerns the value of individual assets (movable and immovable property), it may be necessary to appoint an expert who will objectively value the divided assets.
The cost of an expert opinion depends on the number of components being valued and the amount of work involved. Typically, these costs range around several thousand PLN, while in the case of significant assets and a larger number of components to be valued (especially when real estate is being valued) they can reach over ten thousand PLN. However, this amount is subject to division between the parties dividing the property.
The amount of a lawyer’s remuneration in cases concerning the division of matrimonial property depends on the agreement concluded with the lawyer. The amount of this remuneration depends on the amount of the divided property, and more precisely – on the value of the share in the property of the spouse whom the lawyer represents.
The minimum amount of remuneration in these matters is determined by the relevant regulation of the Minister of Justice, which imposes minimum remuneration rates on lawyers and legal advisors in advance.
Is anything unclear? You don’t know how much a property division case will cost you? Call us and get answers to all your questions!
In practice, apart from these minimum rates, there is also a second component of a lawyer’s remuneration in a case regarding the division of community property, the so-called success bonus, expressed as a percentage of the “won” property. This percentage ranges from 5% up to 20%.
You are cordially invited to contact me and meet me in person to discuss the possibilities and optimal legal solutions.
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