Joint and personal property

Statutory joint property — a matrimonial property regime that arises between spouses automatically, without any agreement or step on their part.

When does the joint estate arise?

Article 31 § 1 of the Family and Guardianship Code provides that upon the conclusion of a marriage, joint property arises between the spouses by operation of law, covering assets acquired during its duration by both spouses or by one of them.

Two points matter here. First, the regime arises by operation of law — nobody has to establish it. Second, it covers what one spouse acquired, provided this happened during the marriage.

Does a house inherited in Poland form part of the joint estate?

This is the question most often asked by people who inherited property in Poland while already married. Article 33 answers it: the personal estate of each spouse includes, among other things, assets acquired by inheritance, bequest or gift, unless the testator or donor decided otherwise.

An inheritance or a gift therefore does not enter the joint estate — it remains the personal property of the spouse who received it. The only exception is where the testator or donor themselves decided otherwise.

Key points

Joint property arises by operation of law, on the conclusion of the marriage.
It covers assets acquired during the marriage — including by one spouse alone.
Inheritance, bequest and gift belong to the personal estate, unless the testator or donor decided otherwise.
In the joint estate, both spouses have equal shares.

In what shares is the joint estate divided?

Article 43 § 1 puts it briefly: both spouses have equal shares in the joint estate. The rule is therefore an equal division, regardless of who earned more.

Why this matters when life spans two countries

Property in Poland often comes from an inheritance after parents or grandparents and therefore — under Article 33 — belongs to the personal estate. It also happens that money from joint funds was spent on it in the meantime. Settling such situations requires analysis of the particular facts and documents.

How we help

We establish what belongs to the joint estate and what to the personal estate, assess the position of property located in Poland, and prepare the division case. Under a power of attorney we act for you in Poland.

This article is general information about Polish law, not legal advice about your matter. Legal basis: the Family and Guardianship Code (consolidated text, Journal of Laws 2023 item 2809), Articles 31, 33 and 43. The statute provides for exceptions to equal shares and for settling expenditure between the estates, and spouses may conclude a matrimonial property agreement — all of which has to be checked case by case. Describe your situation if you would like to know how it applies to you.