The joint and personal property of spouses is a topic that raises many questions, especially in the context of determining property rights and obligations between partners. In Poland, if no separation of property agreement has been concluded, property arises by operation of law, becoming part of the spouses’ joint property.
What are the joint property and the personal property of spouses?
Whether particular assets belonging to the persons forming a marriage belong to a given estate is regulated by the provisions of the Family and Guardianship Code, and this classification does not always seem obvious.
When does joint property arise?
As of the day the marriage is concluded, if no marital separation of property agreement was concluded before the wedding, the rule in Poland is that a marriage gives rise to:
- the spouses’ joint property;
- the personal property of each of the spouses.
What forms part of the joint property?
It can be pointed out that the joint property includes, for example:
- remuneration for work and income from other gainful activity of each of the spouses;
- income generated both by the personal property and by the joint property of the spouses;
- funds accumulated in an account of an open or employee pension fund.
What assets form part of personal property?
Personal property, in turn, consists of, for example:
- assets acquired before the joint property regime arose;
- assets acquired by inheritance, bequest or gift, unless the testator or donor decided otherwise;
- assets serving exclusively to satisfy the personal needs of one of the spouses;
- copyright and related rights;
- assets acquired in exchange for components of personal property, unless specific provisions state otherwise.
The full catalogue is set out in Article 33 of the Family and Guardianship Code.
What can be done with joint property?
Polish law allows the spouses, by an agreement concluded in the form of a notarial deed, to extend or limit the statutory joint property regime, or to establish separation of property or separation of property with equalisation of accrued gains. In addition, it is worth mentioning that this agreement may also be amended or terminated.
What options does a separation of property agreement offer, and what does an extension of the joint property regime offer?
Concluding a marital separation of property agreement means that each of the spouses retains both the property acquired before the marriage and afterwards, and from the day the separation is established – colloquially speaking – the joint property is dissolved, and each spouse earns for themselves. In turn, by an agreement extending the marital joint property regime, subject to the provisions of Article 49 of the Family and Guardianship Code, the joint property regime may be extended to cover certain assets.
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