What is the case in court for the division of property?

A petition for the division of joint property should be filed with the district court with jurisdiction over the location of the property, and if the jointness ceased by the death of one of the spouses – with the court of succession, that is, as a rule, the court of the last place of residence of the testator. As a rule, the joint property of spouses is divided 50-50. However, it is often the case that one spouse has spent more time, more money, more work to “build” the joint property. Then, in the proceedings for the division of the joint property, the court also decides on the request to determine the unequal shares of the spouses in the property, as well as what expenses and expenditures made from the joint property to the personal property, and vice versa, are subject to reimbursement. A spouse demanding that the Court determine unequal shares must prove his or her claims. Evidence in such a case is most often witness statements, bills, which must then be cited in the application. In addition, in the application for the division of property, the assets to be divided must be specified in detail and evidence of ownership must be provided. First of all, the application must be accompanied by a copy of the land register, if the property includes real estate. Along with the application for the division of property, a document that confirms the cessation of community of property should be presented to the court, such as a divorce decree, a marital property agreement (in notarized form), a court decree establishing the separation of property during the marriage. The person who applies, that is, submits the application, is the applicant or the applicant. Always indicate here, in addition to the address, the PESEL number. It’s also a good idea to include a contact number and email address. In the application for the division of property, the other party is either a participant or participant in the proceedings.

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