Agreement on division of property
If the spouses can agree on the division of property during the divorce or in situations where the spouses want to divide their property during the marriage, this can be done by drawing up an appropriate agreement on the division of joint property, which has the force of an executive document.
With this agreement, the spouses agree on what they own from joint assets, and then the way in which they wish to distribute it among themselves.
In what way can the common property of the spouses be divided by agreement?
- By turning common property into a co-ownership regime with defined, ideal co-ownership shares that can be disposed of;
- Real division – some things become the exclusive property of one spouse, and other things become the exclusive property of the other spouse;
- By transferring all things to the exclusive property of one spouse, that is, by paying the other spouse in money for his share.
How is the property division agreement concluded?
After the consent of the spouses is reached, the agreement on the division of property is drawn up. This process is complex, which is why it is best to hire a professional – a lawyer, who will do this in your interest.
The agreement on the division of common property must be in the legally prescribed form, ie. it is concluded in the form of a notarized (solemnized) document. By placing the confirmation clause (solemnization clause) on the previously prepared agreement, the public notary confirms the following:
- that the document was read to the parties in his presence;
- that the parties declared that the document fully and, in all respects, corresponds to their will;
- that the parties signed the document with their own hands.
The certification of the agreement on the division of joint property of the spouses aims to teach the parties about the importance and legal consequences of the legal work they undertake by concluding this agreement, thus contributing to greater legal certainty and a higher level of legal awareness of the parties.