Dividing Marital Property in a Polish Divorce: What Happens to the Shared Apartment
Dividing marital property in a Polish divorce only includes the shared apartment if it was bought during the marriage, or otherwise became joint property for some other reason. In practice there are three ways to handle it: sell it and split the proceeds, have one spouse buy out the other's share, or let a court settle it through a formal division of joint ownership if the two sides can't agree.
Short version
A shared apartment after divorce gets divided by selling it and splitting the proceeds, by one spouse buying out the other, or through a court-ordered division of joint ownership. If neither spouse wants to keep the apartment, or both just want to close the chapter as quickly as possible, selling it in one transaction is often the fastest way out.
Three ways to handle a shared apartment after divorce
- Sell it and split the proceeds. The simplest option, when both sides agree on the price and timing.
- One spouse buys out the other. One person keeps the apartment and pays the other the value of their share, which usually requires either creditworthiness for a loan or cash on hand.
- A court-ordered division of joint ownership. When the two sides can't agree, the court decides who gets the apartment and on what buyout terms, or orders a sale.
When the court has to get involved
When the two sides can't agree on how to divide things, the case goes to court under proceedings for the division of joint marital property. The court decides whether to award the apartment to one spouse with a buyout of the other, or to order a sale and split the proceeds. The rules for dividing marital property between spouses are set out in the Family and Guardianship Code.
When it's worth calling
If time matters more than squeezing out the last possible złoty of the price, a direct sale wins almost every time. Divorce, moving abroad, paying off urgent debt, dividing an inheritance between heirs who can't stand each other: in situations like these, the months spent waiting for a traditional buyer cost more than the gap in price. We buy directly from both spouses in a single transaction, with a proportional settlement built into the notarial deed.
Honest terms if you decide to sell
- The price is 70-90% of market value, set for the property as a whole.
- The settlement between both spouses is spelled out directly in the notarial deed.
- The valuation is free, ready within 2 days of contact.
- Closing happens from 4 days after both sides accept the offer.
Disclaimer
This article is for general information only and does not constitute legal or tax advice for your individual situation. The law can change and every case is different. Before making a decision, consult a qualified lawyer, tax advisor, or notary.
If you both just want to close the chapter on the shared apartment and move on, call us. We'll value the property and put forward a single, joint offer, instead of months of negotiating with one buyer after another.
Straight answers
Does an apartment bought during the marriage always count toward the division?
Can a shared apartment be sold without the other spouse's consent?
What if the ex-spouse doesn't want to move out?
How long does a court division of property take?
Can you sell to a cash buyer during the divorce, before the formal property division?
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