Imagine the following situation.
After fifteen years of marriage, a couple decides to divorce. They own a flat worth PLN 800,000, a car, some savings, and a joint mortgage with PLN 300,000 still outstanding.
The wife wants to keep the flat because she continues to live there with the children. The husband agrees in principle but expects a fair payment for his share. Both believe they are entitled to half of the marital property.
But half of what? The market value of the flat? The amount remaining after deducting the mortgage? And what about the money one spouse inherited and used to renovate their home?
This is where many people discover that divorce and the division of marital property are two separate legal matters. Decisions that appear straightforward can have financial consequences for years to come.
Let's look at how this works under Polish law.
Does divorce automatically divide marital property?
No. A final divorce judgment ends the marriage and, where applicable, the statutory marital community property regime. It does not automatically allocate the jointly owned home, car, or savings between the former spouses.
They must still decide how their marital property should be divided.
This can be done by agreement or through court proceedings.
Interestingly, the division does not always have to wait until the divorce. If the marital community property regime ended earlier, for example following the establishment of a separation of property regime, division may be possible while the marriage still exists.
In certain circumstances, the court may even divide marital property as part of the divorce judgment. Under Article 58 § 3 of the Polish Family and Guardianship Code, this is possible at the request of one spouse, provided it does not cause excessive delay in the divorce proceedings.
Simply separating, moving out, or maintaining separate households does not automatically terminate the statutory marital community property regime.
If you are only beginning to consider ending your marriage, you may also find our information about divorce and legal separation in Poland helpful.
What is marital property, and what can each spouse keep?
“I earned the money for the flat, so it belongs to me.”
“The car is registered in my name, so it cannot be divided.”
“I inherited money from my parents, so my spouse has no claim to it.”
These arguments frequently arise during property disputes, but their legal accuracy depends on the circumstances.
Under Article 31 of the Polish Family and Guardianship Code, assets acquired during the statutory marital community property regime by either or both spouses generally form part of the marital property.
This may include a home, vehicles, savings, household furnishings, and other property rights.
As a general rule, earnings received by either spouse during the community property regime also form part of the marital estate, regardless of who earns more.
Separate property is treated differently.
For example, a home acquired before marriage generally remains the separate property of the person who bought it. Assets received through inheritance or as a gift also generally belong to the recipient's separate estate, unless the deceased or donor provided otherwise.
There are exceptions and specific rules, which is why it is essential to examine the acquisition documents and the source of the funds used.
What if only one spouse's name appears on the property documents?
This does not necessarily mean that the property belongs exclusively to that person.
Whether a home forms part of the marital or separate estate depends primarily on how and when it was acquired, how it was financed, and the matrimonial property regime applicable at the time.
A name on a document does not always settle the question.
Who gets to keep the home after divorce?
For many couples, this is the most emotionally difficult part of the process.
A family home is not just an asset with a market value. It is where children have grown up and where the family has spent years building its everyday life.
There are several possible solutions.
The court may award the property to one former spouse, requiring that person to compensate the other. Alternatively, the property may be sold and the proceeds divided. In appropriate circumstances, physical division of the property may also be possible.
The right solution depends on the nature of the property and the parties' circumstances.
Does the parent who lives with the children automatically get the home?
No.
The children's housing needs and the family's circumstances may be relevant, but they do not create an automatic right to ownership of the property.
Another important question is whether the spouse who wishes to keep the home can afford to compensate the other spouse.
The court may determine the payment deadline and, where justified, order payment in instalments. Under Article 212 § 3 of the Polish Civil Code, applied accordingly, the total instalment period generally cannot exceed ten years.
This does not mean that everyone is entitled to a ten-year repayment plan. The court considers the circumstances of each case.
What happens to a joint mortgage after divorce?
This is where one of the most expensive misunderstandings can arise.
Ownership of a home can be divided, but a mortgage debt cannot simply be divided between former spouses in a way that automatically binds the bank.
Suppose the flat is awarded to the wife. Both spouses agree that she will pay all future mortgage instalments.
Does the husband cease to be liable for the loan?
Not if both remain parties to the mortgage agreement and are jointly and severally liable.
Neither divorce nor the division of marital property automatically releases a borrower from liability towards the bank.
This can leave someone in a difficult position: they no longer own the home but are still responsible for repaying the loan.
Can one former spouse take over the entire mortgage?
It may be possible to arrange a transfer of debt or another amendment to the loan agreement, but the relevant legal requirements must be satisfied and the bank's consent obtained.
The bank will usually assess whether the person taking over the loan has sufficient creditworthiness to repay it independently.
It is not obliged to approve the arrangement simply because the former spouses have agreed on who should keep the property.
Before signing a property division agreement, it is sensible to establish what arrangements the bank is actually willing to accept.
Otherwise, the agreement between the former spouses may not match their continuing contractual obligations to the lender.
A flat worth PLN 800,000 and a mortgage of PLN 300,000: how is compensation calculated?
Let's return to our original example.
The flat is worth PLN 800,000, with PLN 300,000 still outstanding on the mortgage.
An intuitive calculation might be:
PLN 800,000 minus PLN 300,000 equals PLN 500,000. Half of that is PLN 250,000.
Does that mean the spouse who does not receive the flat is entitled to exactly PLN 250,000?
Not necessarily.
In its resolution of 25 July 2019, case no. III CZP 14/19, the Polish Supreme Court explained that where a property secured by a mortgage for a joint bank loan is awarded to one spouse, its value is generally determined without deducting the mortgage encumbrance, unless there are important reasons to take it into account.
Therefore, an outstanding mortgage cannot automatically be deducted from the property's market value when calculating compensation.
If the spouses have equal shares, the flat is the only asset to be divided, and no other relevant adjustments apply, the starting point for compensation on a property worth PLN 800,000 would be PLN 400,000.
The mortgage and any possible reimbursement claims would still need to be addressed separately.
The final calculation may differ depending on other assets, contributions, claims between the spouses, or specific circumstances.
The key point is that the property's value, the compensation payable to a former spouse, and liability for the mortgage are related but distinct questions.
Is marital property always divided equally?
As a general rule, yes. Article 43 of the Polish Family and Guardianship Code provides for equal shares in marital property.
However, a court may determine unequal shares where important reasons justify doing so, taking into account the degree to which each spouse contributed to acquiring the marital estate.
Simply saying, “I earned three times as much as my wife, so I deserve three times as much property,” is not sufficient.
Polish law does not consider income alone.
The contribution of each spouse also includes personal efforts devoted to raising children and managing the household.
Someone who reduced their professional activity to care for the family is not automatically entitled to a smaller share of marital property.
A request for unequal shares must be properly justified and supported by evidence. It is not a mechanism for punishing the other spouse merely because the marriage ended.
Money inherited from family and invested in the marital home: can it be recovered?
Consider another example.
A wife inherits PLN 150,000 from her parents. The couple decides to spend that money extending their jointly owned home.
Several years later, they divorce.
Can she request that those funds be taken into account when the property is divided?
In certain circumstances, yes.
Article 45 of the Polish Family and Guardianship Code provides for the settlement of certain expenses and contributions between separate property and marital property.
The details matter: where the money came from, how it was used, the nature of the expenditure, and whether supporting evidence is available.
Not every expense is reimbursable. Polish law also places restrictions on claims concerning certain expenses made to meet the family's needs.
Useful evidence may include inheritance documents, bank statements, transfer confirmations, invoices for building materials, contracts with contractors, and renovation records.
It is worth retaining these documents, even when there is no expectation that the marriage will end.
Mortgage instalments paid independently by one spouse after the marital community property regime has ended may also require a separate legal assessment.
Is it better to divide property through a notary or in court?
Not every property division needs to become a lengthy court dispute.
If former spouses agree on the value of their assets and how to divide them, an agreement may be quicker and less confrontational.
If the division involves transferring ownership of real estate, the agreement must follow the required legal form, generally a notarial deed.
Where agreement is not possible, court proceedings may be necessary.
The court can determine the composition and value of the marital estate, decide how assets should be allocated, order compensation payments, and examine relevant claims raised in the proceedings.
How much does a court application for property division cost in Poland?
Under Article 38 of the Polish Act on Court Costs in Civil Cases, the court fee for an application to divide marital property after the community property regime has ended is PLN 1,000.
If the application includes an agreed proposal for division, the fee is PLN 300.
That is a difference of PLN 700 at the application stage alone.
Other expenses may arise.
If the parties dispute the value of a home, an expert valuation may be required. Legal representation and other procedural steps can also involve additional costs.
Sometimes the greatest expense is not the application itself but the dispute over how the assets should be valued.
How can you prepare for property division and avoid costly mistakes?
Before starting negotiations or court proceedings, it helps to organise the key information.
Try to gather:
- Documents concerning real estate, vehicles, and other significant assets.
- Information about bank accounts, savings, and liabilities.
- Mortgage agreements, outstanding loan balances, and payment records.
- Documents confirming inheritances, gifts, and contributions made from separate property.
- An initial list of which assets each spouse would like to retain.
It is not always necessary to commission private valuations or collect every possible document immediately. The evidence required should reflect the issues that are genuinely disputed.
One of the biggest mistakes is signing an agreement before fully understanding its financial consequences.
Particular caution is advisable where real estate, mortgages, business interests, substantial gifts, or contributions from separate property are involved.
Five questions to ask before signing a property division agreement
Before accepting a compensation amount or agreeing to give up your interest in a home, consider the following.
1. Do I know the actual value of the entire marital estate?
Estimating the home's value may not be enough if there are other significant assets.
2. Have we identified which assets are separate property?
Inheritances, gifts, and assets acquired before marriage may affect the settlement.
3. Do I understand who remains liable to the bank?
An agreement between former spouses does not necessarily change their obligations to the lender.
4. Is the proposed compensation realistically affordable?
The source of funding and the repayment timetable should be carefully considered.
5. Do I understand all the consequences of the agreement?
The aim of property division should be to resolve outstanding matters, not create new disputes.
Where should you begin with the division of marital property?
Divorce is often a difficult period. It is understandable that many people want to settle financial matters as quickly as possible.
But rushing into an agreement may create further problems.
In some cases, a careful review of the documents and constructive negotiations are enough to reach a sensible solution. In others, court proceedings may be necessary.
There is no single approach that suits every family.
A well-prepared property division should not only establish who receives the home or savings but also clarify financial settlements and reduce the risk of future disputes.
Legal assistance with property division in Kraków, Proszowice and Mszana Dolna
The Law Office of Advocate Angelika Mazur-Kubowicz provides legal assistance in matters involving the division of marital property, reimbursement of contributions, compensation payments, and disputes between former spouses under Polish law.
Assistance includes reviewing documents, preparing legal submissions, negotiations, and representation before the courts.
If you are unsure how to divide your home, what to do about a joint mortgage, or whether a proposed compensation amount is justified, learn more about our legal services concerning property division.
The law office serves clients in Kraków, Proszowice and Mszana Dolna.
Prepare for your first consultation with a lawyer to discuss your circumstances and the options available.
Legal position as of 9 November 2026.
This article is provided for general information only and does not constitute individual legal advice. Every property division case requires an assessment of the relevant documents, circumstances, and financial claims.