Property settlements

How is Polish property divided after a divorce abroad?

We organize financial and ownership relations between former spouses, relatives, and co-owners - by agreement or through court proceedings.

A division before a notary needs a power of attorney, and in court proceedings your presence is not always required. One set of documents and an authorization is usually enough.

We reply within 24 hours on business days.

Guide

Dividing property when one party lives abroad

What belongs to the marital estate, whether there is a deadline, who gets back what they put in, and when a notary is enough instead of a court.

Under Polish law, divorce and the division of property are two separate matters. A divorce judgment ends the marriage, but it does not by itself divide the apartment, the savings, or the plot of land that came from the in-laws. A great many families discover the difference years later - when it turns out that an apartment in Poland still belongs to two people who have not spoken in a decade, one of whom lives in the United States.

Key points

  • A divorce does not divide property. That is a separate proceeding and it has to be dealt with deliberately.
  • The marital estate normally covers what was acquired during the marriage - but not inheritances or gifts made to one spouse.
  • Asking for the estate to be divided is not itself subject to a deadline, though individual settlement claims can be.
  • If both sides agree, an agreement is enough - in notarial form where real estate is involved.
  • The same logic applies to siblings who inherited a house: that is co-ownership, and it can be brought to an end.

What belongs to the marital estate?

Marriage creates a statutory community of property unless the spouses signed a marital property agreement. The marital estate covers, as a rule, what was acquired during the marriage - a jointly purchased apartment, savings, earnings from work, income from assets.

What stays outside it is what each spouse brought in and - most importantly for our clients - assets acquired by inheritance, bequest, or gift, unless the deceased or the donor provided otherwise. A house inherited from parents by one spouse during the marriage normally does not enter the marital estate and is not subject to division.

Wspólność majątkowa małżeńska - community of marital property

A regime that arises automatically on marriage. It covers assets acquired during the marriage by both spouses or by either of them. It ends on divorce, on the establishment of separate estates, or on the death of a spouse - and only then can the estate be divided.

This distinction is the biggest source of misunderstanding in diaspora families, because intuition says that "we were married, so everything is half and half." Polish law does not work that way, and explaining it at the outset often changes the whole picture of a case.

Is there a deadline for dividing property?

Asking for the marital estate to be divided after the community has ended is not itself subject to a time limit - a case from twenty years ago can be brought, and we do it regularly. That does not make waiting safe, for three reasons.

First, some settlement claims - over contributions, expenditure, or one former spouse's use of an asset - may carry their own time limits; we check that individually. Second, the evidence disappears: renovation invoices from fifteen years ago, payment confirmations, witnesses. Third, the situation grows more complicated - one party dies and their heirs join the case, or the apartment is sold, mortgaged, or occupied by a new family.

Who recovers what they paid in from their own funds?

Dividing an estate is not only about splitting assets; it is also about settling the flows between the estates, and that works in both directions. Where one spouse put money from their own separate estate - from an inheritance, say, or from savings predating the marriage - into the joint estate, they can claim that outlay back on division. Outlays made from the joint estate on one spouse's separate property are settled the same way. Not everything is recoverable: the rules exclude outlays necessary for assets that produce income, and spending consumed on the needs of the family, unless it increased the value of the estate at the moment the community ended.

Money earned in the United States is not separate property for that reason. Where the matter is governed by Polish law, wages once received belong to the joint estate, including wages earned abroad and paid into one spouse's own account. What stays separate is savings from before the community arose and earnings from after separate estates were established; simply living apart, without ending the community, changes nothing here. So money wired from the U.S. toward a house in Poland is usually an outlay from the joint estate on the separate property of whichever spouse owns the house - not the other way round, as intuition suggests.

Which law governs the spouses' property relations is a separate question. It is decided by a shared nationality, by where the spouses live, or by a choice of law the spouses made, not by the fact of living in the United States. We settle that first, because everything else follows from it.

From there, everything turns on evidence. Transfer confirmations, contracts, invoices for materials, correspondence in which the parties discussed where the money came from - that is what decides the outcome. The fact that "everybody knew" is not enough in court.

A typical situation

A client in New Jersey spent twelve years sending money to build a house in southeastern Poland, on a plot that belonged to her husband's separate estate. After the divorce it emerged that the house followed the plot. The case was therefore not about dividing real estate but about settling outlays on a property that belonged to her husband's separate estate - and what proved decisive were twelve years of transfer confirmations from her American bank.

An agreement before a notary, or a court case?

If the former spouses agree on what the estate contains, what it is worth, and how it should be split, an agreement is enough. Where real estate is involved, it has to take the form of a notarial deed. This route is markedly faster and cheaper, and for a party living abroad a power of attorney suffices.

Where there is no agreement, the court decides. The proceeding covers identifying the assets, valuing them (usually on an expert's opinion), settling contributions, and choosing how to divide: physically splitting an asset, awarding it to one party against an equalizing payment, or ordering a sale and dividing the proceeds. This route takes longer and costs more, but it does not need the other side's consent - which is often the only way forward once contact has broken down.

How does division work when the co-owners are siblings?

The logic is the same, though the legal basis differs. Siblings who inherited their parents' house are co-owners in fractional shares. Each holds a share in the whole property rather than "their own floor," so selling the whole thing requires everyone to agree. The proceeding that ends this is the termination of co-ownership, and it works the same way: by agreement before a notary, or through a court.

In practice these matters often combine with the division of an estate, especially where the inheritance itself has never been resolved. The order is then fixed: first establish who inherits, then divide. Courts can deal with both questions in a single proceeding, which shortens the whole path.

What can we handle without you traveling?

A division by agreement is carried out by the lawyer acting for you: negotiating the terms, settling the wording, appearing before the notary, and filing to update the land register. In court proceedings the same lawyer runs the case, and your attendance at hearings is usually unnecessary - although a court may decide it wants to hear you in person.

Your part comes down to two things. First, documents: the marriage certificate, the divorce judgment, an extract from the land register, and above all everything that evidences the movement of money - transfer confirmations, contracts, invoices. Second, a power of attorney, signed before a notary in the United States or at a Polish consulate. We settle its wording, and whether it needs an apostille, before you sign.

This article is general information about how the process works in Poland. It is not legal advice for your particular matter - the right approach depends on your documents and circumstances, so it is worth discussing your situation individually before you decide anything.

Fees

First step

Initial review and a first 15-minute call

You describe your matter. We name the area of law, the next step, and talk it through for the first fifteen minutes.

  • a reply to your inquiry within 24 hours on business days
  • a call online or by phone, the first 15 minutes at no charge
  • no commitment to work with us afterward
USD 0free of charge
First step

Online consultation, up to 45 minutes

One question, a call online or by phone, and a short written summary afterward.

  • we go through one question in depth
  • a written summary after the call
  • the fee may count toward the engagement
$125 – $175per consultation
First step

Document review, up to 10 pages

Comments and recommendations on a letter, decision, or contract you received from Poland.

  • the risks and unclear points, named
  • recommended next steps
  • additional pages quoted separately
$200 – $400per document
Assessment

Plan for sorting out the property

What belongs to whom, the shares and outlays involved, and the routes open to you.

  • establishing the assets and the shares
  • the available routes and what each one means
$300 – $650one-time
Proceeding

Agreement between co-owners or within the family

A draft agreement and one round of negotiation, before the matter reaches a court.

  • a draft agreement fitted to the situation
  • one round of negotiation between the parties
$625 – $1,500per agreement
Proceeding

Settling outlays and money flows

Who put how much into the shared property, and how that is settled on division.

  • a statement of outlays and transfers
  • an expert valuation is quoted separately
$875 – $2,000per matter
Contested matter

Ending co-ownership

Getting out of co-ownership of property or other assets, including against the others’ wishes.

  • price set after we see the value and the parties
  • division, buy-out, or sale - depending on the matter
$2,500 – $6,000whole proceeding
Contested matter

Dividing property after a divorce

Splitting the marital property once the divorce is done, or while it runs alongside.

  • establishing what the marital estate contains
  • price follows the assets and the level of dispute
$2,500 – $7,500one instance

Amounts are in U.S. dollars, are indicative, and are not an offer. They do not cover court and administrative fees, sworn translations, apostille, notary, expert, or archive costs, or shipping. We calculate them when we quote your matter, after the free review of your inquiry, so you know what you pay for and how much before you decide. Instead of a flat fee you can choose hourly billing: USD 150 an hour, with a report after the first five hours and your decision on whether we carry on. We confirm the final price and the stages in writing before any paid work begins.

Before you write to us

Questions about dividing property

What does dividing property cost?

An agreement between co-owners or within the family costs $625 – $1,500 (per agreement), and dividing property after a divorce $2,500 – $7,500 (one instance). The full list is in the fees section.

Our divorce was years ago. Can we still divide the property?

Yes. Asking for the marital estate to be divided is not itself subject to a time limit, although individual settlement claims can be, and evidence disappears with time.

Is a house I inherited part of the marital estate?

Normally not. An inheritance or gift to one spouse stays outside the marital estate unless the person who left or gave it decided otherwise; see joint and personal property.

I sent money from the U.S. toward a house in Poland. Can I get it back?

Usually yes, though not as a refund of "your" money. Wages once received belong to the joint estate, including wages earned in the United States, so transfers toward a house are most often an outlay from the joint estate on the separate property of whoever owns it. Settlement works in both directions and turns on evidence, such as transfer confirmations, contracts, and invoices, not on the fact that everybody knew.

Do we need a court?

Not if you agree. An agreement is enough, in the form of a notarial deed where real estate is involved, and the party abroad can act through a representative - though for a notarial deed the power of attorney has to take that same form. Without agreement, the court decides.

These answers are general information, not legal advice about your matter. If you would like to know how this applies to your situation, describe it to us.

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