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  1. 1 Rejent

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  1. 1 Kuniewicz Z.

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  1. 1 2023

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in the keywords:  termination of marriage as a result of a divorce or death of one of the spouses
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Rozporządzenie przez byłego małżonka udziałem we współwłasności nieruchomości a wpis nabywcy udziału do księgi wieczystej

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Kuniewicz Z.
Rejent
|
2023
|
issue 2 (382)
33-45
EN
As a result of a divorce or death of one of the spouses, the existing joint marital property transforms into fractional co-ownership. The courts do not have doubts in their decisions as to the belief that in the case of a divorce declared by a final court judgement the spouse, without the division of possessions gained, may effectively dispose of his or her share in the co-ownership of real estate. The conclusion of this article is that the surviving spouse may dispose of his or her share in co-ownership of real estate also in the event of the death of the other spouse. Documents that suffice to enter the acquirer of such a share into the land and mortgage register include the death certificate of one of the spouses and an agreement transferring the share in the real estate onto the acquirer.
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