What's ours is ours and what's mine is mine - a few words about the property consequences of marriage

Tau.Legal ‘s practice and experience to date shows that when planning a marriage, it is very common to misjudge the property consequences of saying “I do”. Many misleading stereotypes have grown up around this topic, which can cause quite a surprise when assets have to be divided.

Bought with own money

By entering into a marriage, as a standard (by law), a community of property is created between the spouses. However, many people do not realise what this means. I will therefore use an example to illustrate how this works in practice (personal note: the following example is a simplification and does not refer to a specific factual situation):

Zosia and Grześ get married on 1 January 2024. After the wedding, they decide to buy a car that will be used for their daily commute to work. The purchase of the car is financed by Zosia from the savings she has accumulated during the marriage. Zosia enters into a contract for the purchase of the chosen vehicle. In summary, Zosia has paid for the car and Zosia has also entered into the contract. However, the asset will end up in the joint property of the spouses despite the fact that Grześ, apart from possibly choosing the make and model, did not contribute in any way to its purchase. Consequently, upon divorce, Grześ and Zosia become co-owners of the vehicle in equal parts, i.e. 50/50.

Incorrect assumptions

Many people do not realise the above, living with the knowledge that if, while married, they paid for something out of ‘their own pocket’, that item is theirs and they are merely lending it for their joint needs. At the same time, there is sometimes a misconception about the status of items that the spouses purchased before the marriage. It is common to believe that if a partner bought a flat on their own before marriage, it will become part of the joint property after marriage. Nothing could be further from the truth. The property that each spouse acquired before the marriage remains their sole property for all time. However, if you want the flat in question to become part of the community property (i.e. your spouse becomes entitled to it after your separation), you will need a special agreement extending the community property (or a donation). In order to conclude it, as in the case of a prenup, we will have to go to a notary.

Let's not stereotype

The above examples boil down to a simple guideline - what I acquired before the marriage is mine, while what I bought after the nuptials is ours. This rule of course applies to the standard matrimonial property regime, which has not been modified in any way by separate matrimonial property agreements such as the aforementioned prenup or agreement extending the community of property.