Do you want to divide marital property?
Do it on your terms!
I have handled over a hundred cases concerning the division of marital property, in which assets worth over PLN 150 million were divided.
Do you want to know how I can use my knowledge and experience in your case? Contact me and find out what I can do to help the division of property reflect your wishes.
What are your benefits?
Peace
I will make sure no asset subject to division is overlooked
Satisfaction
I will work to establish the real value of each asset
Less stress
A division carried out on your terms
Let me help you
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.
Find out what working with a lawyer who specialises in the division of marital property looks like.
The work of a lawyer in the division of marital property
Opening the way to the division of joint property
Contrary to popular belief, you do not have to wait for a divorce to divide marital property. What prevents division is the continuing marital community of property, which can end not only through 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.
Determination of the matrimonial property
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 the statutory community of property belongs to each spouse’s personal property and is not divided.
Determination of the method of matrimonial property division
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 their share in the community property and the value of the settled items.
Assistance in settling expenses
The division of accumulated community property is not everything. As part of the division of property, expenditure from one spouse’s personal property on the joint property, and expenditure from the joint property on either spouse’s personal property, should also be settled.
Division of matrimonial property
When and in what mode can it be done?
01. Notarial
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.
02. As part of a divorce or separation case
The spouses’ property can also be divided as part of the divorce or separation case itself. In such cases, division is only possible at the joint request of the parties, on the basis of a properly prepared agreement on the division of joint property.
03. In a case regarding the division of community property of spouses
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.
How much does a case for division of matrimonial property cost?
The court charges a fixed fee of PLN 1,000 for an application for the division of community property after the community of property has ended. This fee is paid by the former spouse who submits the application for division of property.
If the application contains an agreed 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 amount to 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.
How much does a lawyer cost in cases concerning the division of matrimonial 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 Minister of Justice’s regulation on fees for advocates sets minimum rates, which the court uses when awarding the reimbursement of legal representation costs from the other party. These rates do not bind the fee agreement with the client – my fee is set in our agreement.
Therefore, depending on the value of the share in the property of a given spouse, the minimum rate in a case of division of property is as follows (where the spouses file a joint application – 50% of that amount):
- up to PLN 500 – PLN 90;
- over PLN 500 to PLN 1,500 – PLN 270;
- over PLN 1,500 to PLN 5,000 – PLN 900;
- over PLN 5,000 to PLN 10,000 – PLN 1,800;
- over PLN 10,000 to PLN 50,000 – PLN 3,600;
- over PLN 50,000 to PLN 200,000 – PLN 5,400;
- over PLN 200,000 to PLN 2,000,000 – PLN 10,800;
- over PLN 2,000,000 to PLN 5,000,000 – PLN 15,000;
- over PLN 5,000,000 – PLN 25,000.
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%.
Do you want to divide marital property? Do it on your terms!
Is anything unclear? You don’t know how much a property division case will cost you? Call me and get answers to your questions.
Let’s talk about your division of property.
25-515 Kielce
by appointment
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I will get back to you as soon as possible. If the matter is urgent, call: +48 698 184 481.