Division of assets
We protect your interests when dividing your assets
Dividing assets is not just about numbers and documents - it's often about difficult decisions about your home, savings or joint investments.
Our job is to take the burden of paperwork and negotiations off your shoulders. This will give you clarity, a sense of security and a viable plan for the future.
Different approaches to property division
Property division can begin only after the divorce, or - if you have previously established property separation in your relationship - already during the divorce case or even before it begins. Assets can also be divided in a divorce judgment, but only if the parties make a consensual request to that effect. The choice of method depends on whether the spouses can agree and what their financial situation is.
Consensual division of assets can take place by agreement or in divorce proceedings.
This option is worth choosing when both spouses agree on the composition and value of the property, as well as on how to divide it. This is a solution that allows you to avoid lengthy court proceedings and quickly settle financial matters.
The next steps in the division of property amicably:
- Speed
Avoiding years of litigation.
- Lower costs
No costly expert opinions.
- Full control
The parties themselves decide on the conditions and method of division.
- Less stress
Conflict-free and in full agreement.
Division of assets through litigation
This is a solution used when the parties are unable to agree on the composition, or value of the property, or when there is a dispute over the method of division and the amount of settlement (e.g., what repayment the other spouse should receive).
The next steps of property division in court:
Disputing in court is an added stress. With us, you put the paperwork in good hands and gain peace of mind
- Longer time
The proceedings usually take several years.
- Higher costs
Additional costs in the form of expert opinions.
- Less control
The final method of division depends on the decision of the court, not the parties.
- More stress
Because of the legal process.
Property division is one of the most emotional stages of a breakup. Clients often fear long trials and disputes in court. Our job is to show that it can be passed more smoothly - step by step, with a clear strategy and a sense of security.
With a decade of experience, we know how to find solutions that protect our clients' interests and allow them to start a new phase of their lives without additional burdens.
Founder of the Firm, Attorney at Law
Cooperation with the law firm in the division of property - step by step
The division of assets is a process that we divide into clear and predictable stages. This way you know exactly what is happening at each stage of it, and we make all decisions together.
Why our law firm
Specialization in family cases
We have been exclusively handling family and divorce cases for 10+ years.
Individual strategy
Every case is different, so we peel off solutions for your goals and realistic possibilities.
Transparent collaboration process
You always know what is going on, you are prepared and informed.
You gain peace of mind, support and time
We take over the paperwork and the burden of negotiations so you can focus on yourself, your loved ones and your future.
How do we help in practice?
The support of an attorney will reduce your involvement and give you the confidence that your case is being taken care of by a professional.
- Draft agreement and negotiations with the other party
- Cooperation with the notary and finalization of the contract
- Filing a consensual petition for partition as part of a pending divorce case
- Representation in court, if necessary
FAQ
Everything you need to know about: division of assets
Divorce proceedings involve emotions, procedures and time. Attorney support will allow you to reduce your involvement and gain confidence that your case is under the care of a professional.
When can assets be divided?
Assets can be divided after the cessation of community of property, which arises by operation of law when the divorce decree becomes final. It is also possible to establish a separation during the marriage, such as in the form of a notarial deed
What are the ways to divide assets?
The division is carried out either contractually or as part of court proceedings for the division of joint property.
To which court is the application for division of property filed?
You apply to the district court with jurisdiction over the location of the property.
What is included in community property?
Items acquired during the marriage by both spouses or one of them, as well as collected wages for work and income from the spouses' gainful activity, income from joint property and from the personal property of each spouse, and funds accumulated in pension fund accounts.
What belongs to personal property?
As a general rule, these include property acquired before the marriage, inheritances and gifts (unless otherwise stipulated by the donor), property rights arising from joint ownership, property used exclusively to meet the personal needs of the spouse, or property acquired in exchange for other personal property.
Does division of property always mean „50/50”?
In principle, yes, but in special circumstances, you can demand the determination of unequal shares in the joint property.
What is the division of property by the court?
The court determines the composition of the joint property, assesses the value of the components and awards them to one spouse, with the obligation to repay the other.
How much does it cost to divide property in court?
The application fee is PLN 1,000, unless you present the court with a consensual position on the division, in which case the fee will be PLN 300. In the absence of agreement on the value of individual components, there will be additional costs of expert opinions.
When is a notary needed when dividing assets?
If you agree on the method of division, and your property includes real estate, the division of property must be done in the form of a notarial deed. When dividing movable property, cash - a simple written agreement is sufficient. At the notary you can also conclude an agreement establishing a property separation in your marriage, which will open the way for you to make a division, despite remaining married.
Can assets be divided in the divorce judgment itself?
Yes, but only if it will not cause undue delay in the proceedings. This will be possible when the parties present a consensual position on the composition of the property, its value and the manner of distribution.
Does the court also divide debts and credits?
No, the court divides only your assets. You have to deal with the credit agreement issues directly with the bank.
What documents and data should be prepared for the application for division of property?
Documents confirming the components of your estate with an indication of their value, as well as the proposed method of distribution.
How long does it take to divide an estate?
The fastest way is to conclude a contract - it's a matter of working out an agreement and possibly visiting a notary. Legal proceedings take longer primarily because of the need to consult expert witnesses - experts.
What about the settlement of expenditures between joint and personal property?
It is possible to claim reimbursement of outlays and expenses incurred from joint property to personal property, as well as from personal property to the joint property of the spouses. The fact and the amount of outlays should be precisely proven, such as receipts of transfers.
Is it worth it to use an attorney to help with the division of assets?
It's definitely worth it - property division is a complicated and time-consuming process. We will help you with it.
- Mode selection: We will advise whether to do the division contractually, before the court (during the division case) or try to include it in the divorce judgment.
- Documents and Applications: We will prepare the application initiating the proceedings, the partition agreement or verify the prepared notarial deed; we will see to the deadlines and formalities.
- Negotiations : We will negotiate on your behalf with the other party to work out a settlement - this will save you time and money.
- Litigation: we will represent you in court at every stage of the proceedings.
- Settlement Security: We will take care of the contractual provisions regarding repayment, timing and safeguarding your interests.
For more information, see our Guide:
