Division of Inheritance and Termination of Co-ownership

After the court confirms the acquisition of inheritance, the heirs typically become co-owners of the inherited assets – real estate, land plots, apartments, or other components. They own the entire estate jointly, each holding a specific fractional share. At this stage, no individual heir owns any specific item from the estate.

However, joint ownership can be problematic, as it limits the free use of the property and often leads to disputes. The solution is the division of inheritance, and if necessary, termination of joint ownership.

This procedure can be carried out in two ways:

1. Amicably – before a notary, - if all heirs agree on the division,
2. Judicially – before a court, - in the absence of agreement, where the court decides on the method of division.

As an attorney, I represent clients at every stage of this process: I prepare applications and draft agreements, participate in negotiations with other heirs, and, in case of disputes, I act on behalf of the client before the court.

It is worth noting that the division of inheritance does not always require the physical division of assets among the heirs. A common solution is the sale of an inheritance share or the entire property, followed by the distribution of the proceeds. This allows each heir to receive their rightful portion in cash, without the need to co-own the property.

My role in such proceedings includes comprehensive legal and organizational support. I can negotiate with potential buyers, prepare documentation, and represent the client before a notary during the sale agreement. Importantly, individuals living abroad can also take advantage of this service – based on a notarial power of attorney, I handle all formalities in Poland, and the proceeds from the sale can be transferred directly to the client’s bank account.