The separation of spouses is not only an emotionally difficult period but also a time when many formal matters need to be settled. One of the most important is the division of community property accumulated during the marriage. At the Notary Office of Magdalena Pacuła-Ziemińska in Mokotów, Warsaw, we perfectly understand that this is a complex process that requires not only knowledge of the law but also tact and understanding. Therefore, we offer comprehensive legal support, helping you go through the property division after divorce as efficiently and amicably as possible.
In this article, we will explore the issues related to the division of property after divorce. We will explain when community property arises and ceases, what are the possible ways to divide the property, and also discuss the advantages and disadvantages of each of them. We will pay special attention to the division of property at a notary public’s office, which is a faster, cheaper, and less stressful solution than court proceedings. We will advise you on what documents need to be prepared when deciding on the division of property in the form of a notarial deed. We will also present sample calculations of notarial costs so that you can estimate the expenses associated with this procedure.

Statutory Community Property
Upon entering into marriage, unless the future spouses enter into a marital property agreement (prenuptial agreement), a statutory community property regime arises between them. It covers assets acquired during the marriage by both spouses or by one of them (Article 31 of the Family and Guardianship Code). In practice, this means that, as a rule, everything that the spouses acquire after the wedding becomes their joint property. The community property includes, in particular, the remuneration received for work and income from other gainful activity of each spouse, as well as income from the community property and separate property of each spouse.
Termination of Community Property
Community property ceases upon:
- Pronouncement of divorce or separation,
- Death of one of the spouses,
- Conclusion of a marital property agreement introducing property separation (prenuptial agreement) during the marriage,
- Incapacitation of one of the spouses,
- Declaration of bankruptcy of one of the spouses.
After the termination of community property, each spouse may demand the division of the community property.
Division of Property After Divorce – Courses of Action
There are two main ways to divide community property:
- Judicial proceedings: In the absence of an agreement between the spouses, it is necessary to file a motion for the division of property with the court. However, court proceedings are time-consuming and involve additional costs, such as court fees, expert witness fees, and possible legal representation costs.
- Contractual method (at a notary public’s office): If the spouses agree on the method of property division, they may conclude an agreement on the division of property in the form of a notarial deed at a notary public’s office. This is a faster, cheaper, and less stressful solution.
Division of Property at a Notary Public’s Office
The division of property at a notary public’s office is possible only if the former spouses agree on the method of division and can reach an agreement. At the notary office, after presenting the necessary documents and agreeing on the terms of the division, a notarial deed of the property division agreement is drawn up.
Advantages of Dividing Property at a Notary Public’s Office
- Speed: The entire procedure can be completed even during one visit to the notary office.
- Lower costs: Notarial costs are generally lower than court costs, especially when there is no need to appoint expert witnesses.
- Less stress: Amicable settlement of the matter at a notary public’s office allows avoiding the stressful court hearing.
- Legal certainty: A notarial deed drawn up by a notary public is an official document and is difficult to challenge.
Division of Real Estate Forming Part of Community Property
If real estate (apartment, house, plot) is part of the community property, division of the property at a notary public’s office is also possible. There are three main ways to divide real estate:
- Physical division: If technically and legally feasible, the real estate can be divided into two separate parts, granted for exclusive ownership to each of the spouses.
- Awarding the real estate to one of the spouses with the obligation to pay off the other: One of the spouses becomes the sole owner of the real estate, undertaking to pay off the other spouse in the agreed amount and by the agreed date.
- Sale of the real estate and division of the proceeds: The real estate is sold on the open market, and the proceeds are divided between the spouses.
Choosing Between Court Proceedings and Notary Public for Property Division
The choice between court and a notary public depends on the relationship between the former spouses. If they are able to reach an agreement, division of property at a notary public’s office is definitely more advantageous – faster and cheaper. The Notary Office of Magdalena Pacuła-Ziemińska in Mokotów, Warsaw, offers comprehensive assistance in this regard.
Costs of Property Division in Court
The court fee for a motion for property division is PLN 1,000, and in the case of an agreement, PLN 300. Added to this are the costs of expert opinions (often necessary to value the assets) and possible legal representation costs.
Cost of Dividing Property After Divorce at a Notary Public’s Office in 2025
For drawing up a notarial deed, the notary charges a notarial fee, the amount of which is determined by the Regulation of the Minister of Justice of June 28, 2004, on the maximum rates of notarial fees (Regulation) (consolidated text in accordance with the Announcement of the Minister of Justice of October 11, 2024, regarding the publication of the consolidated text of the regulation of the Minister of Justice on the maximum rates of notarial fees).
In the case of a notarial deed of a property division agreement, the following basic rates apply:
- PLN 100 for property value up to PLN 3,000,
- PLN 100 + 3% of the surplus above PLN 3,000 for property value above PLN 3,000 up to PLN 10,000,
- PLN 310 + 2% of the surplus above PLN 10,000 for property value above PLN 10,000 up to PLN 30,000,
- PLN 710 + 1% of the surplus above PLN 30,000 for property value above PLN 30,000 up to PLN 60,000,
- PLN 1,010 + 0.4% of the surplus above PLN 60,000 for property value above PLN 60,000 up to PLN 1,000,000,
- PLN 4,770 + 0.2% of the surplus above PLN 1,000,000 for property value above PLN 1,000,000 up to PLN 2,000,000,
- PLN 6,770 + 0.25% of the surplus above PLN 2,000,000, but not more than PLN 10,000 or PLN 7,500 (for the first tax group) for property value above PLN 2,000,000.
Example: Calculation of the notarial fee for a property division agreement with a value of PLN 820,000. For property valued at PLN 820,000, the maximum notarial fee will be PLN 4,050 net (PLN 1,010 + 0.4% of the surplus above PLN 60,000).
In addition, the notary will charge:
- Fee for copies: The cost of one copy is PLN 6 net per each page started.
- VAT: The notary will add 23% VAT to the notarial fee.
- Fee for the entry of ownership in the land and mortgage register (if applicable) in the amount of PLN 200.
A precise valuation of notarial costs will be provided to you at the Notary Office of Magdalena Pacuła-Ziemińska after presenting the details of the case.