An Heir Living in an Inherited Polish Property Without the Other Heirs' Consent

Parents leave a house, and one sibling has been living in it for years — with no intention of moving out, letting the others use it, or sharing the costs. The remaining heirs often feel they are losing twice over: they have no access to what is legally theirs, and they see no benefit from it either. This is one of the most common disputes that arises after a Polish estate opens, before the formal division of the estate (dział spadku) takes place.

This guide is general legal information, not legal advice. How the rules apply — including the amount of any compensation or the prospects of reaching an agreement — depends on the specific facts, the available documentation, and the relationship between the heirs; the outcome of any case is never guaranteed. If you need advice or representation, the matter should be assessed by a qualified Polish lawyer. Twoja Sprawa is an information and coordination platform, not a law firm — we help you organise the documents for that assessment; we do not provide legal services or represent clients in court.

Key points

• From the moment of death until the estate is formally divided, the estate is jointly owned. All heirs are co-owners in fractional shares, even while formalities such as the notarial certificate of succession (akt poświadczenia dziedziczenia) are still under way.
• Every co-owner has the right to shared possession and use of the whole property, in proportion to their share — not just of some "designated part" of it (Polish Civil Code, Kodeks cywilny, Art. 206 — ⚠️ exact wording to be verified).
• If one heir uses the property beyond their own share, the others can demand to be let back into shared possession and, in some situations, compensation for the use of their share (Polish Civil Code, Art. 207 — ⚠️ exact wording and scope of the compensation claim to be verified).
• Before going to court, it is worth trying to talk and sending a written demand. A record of these attempts can matter if the dispute later ends up before a court.
• A claim for compensation for unauthorised use is separate from the division of the estate. It can be raised within division-of-estate proceedings or as a standalone claim (⚠️ the admissibility and procedure for combining the compensation claim with division-of-estate proceedings is to be verified).
• The time limit for claiming unpaid compensation is limited. The longer you wait, the more periods may become time-barred (⚠️ the exact limitation period for a compensation claim of this kind is to be verified).

Why heirs are co-owners even before the estate is divided

The moment the deceased dies, the estate passes to the heirs as a whole — if there is more than one heir, the inherited assets become jointly owned (Polish Civil Code, Book IV: Succession, Art. 922 et seq.; full text of the Civil Code: isap.sejm.gov.pl). Until the estate is divided — either by a notarial agreement (u notariusza) or by a court — no single sibling has a right to a specific item (such as "that bedroom" or "that plot of land"), only to a fractional share of the whole estate.

This means that, until division takes place, the general rules on co-ownership in fractional shares apply — including the rules on using shared property and settling accounts between co-owners. The practical consequence: the fact that one heir "has always lived in the house" or "looked after the parents" does not, by itself, give them the exclusive right to occupy the whole property without the others' agreement.

Use beyond your share — what counts as it

A co-owner has the right to jointly possess and use the shared property to the extent that this can be reconciled with the other co-owners' possession and use, in proportion to the size of each share (Civil Code, Art. 206 — ⚠️ exact wording to be verified). In practice, this means no heir is entitled to effectively shut the others out of the whole property — for example, by changing the locks, moving in permanently and refusing access, or letting the property to third parties without accounting to the rest of the family.

Typical situations that lead to disputes:

• one heir lives permanently in the inherited house or flat and will not let the others in,
• the property is let out by one heir, and the rental income does not reach the others,
• the heir in occupation makes access difficult (for instance, changing the locks or not providing keys to the others),
• a plot of land or farm is worked exclusively by one heir, who keeps the entire proceeds.

Being let back into shared possession — what you can claim

If one heir is effectively preventing the others from using the property, those others can demand to be let back into shared possession — that is, a genuine opportunity to use the property in line with their share, not merely a formal entry in the paperwork. In practice, this can mean demanding a set of keys, agreeing a schedule for using the property (for instance, a holiday home), or being allowed to take part in managing it.

If the person in occupation refuses to voluntarily let the others back in, the matter can go to court — usually as part of wider co-ownership proceedings, or alongside an application for division of the estate, where the court settles both the division of the assets and the mutual accounts between the heirs (⚠️ the correct procedural route for a standalone claim to be let back into shared possession of inherited property is to be verified).

Compensation for unauthorised use of the inherited property

Alongside a claim to be let back into shared possession, the other heirs may consider a claim for compensation for use of the shared property beyond one's entitled share — that is, for effectively being deprived of the ability to use their part of the property (⚠️ the exact wording and conditions of Civil Code Art. 207, and the case law on the level of such compensation, are to be verified).

In practice, the amount of such compensation tends to be assessed by reference to the rent the other heirs' share of the property could reasonably command, though the final figure depends on the circumstances of the case, the location and condition of the property, and the evidence presented in the proceedings — you should not assume a particular sum or a particular case length in advance. It is worth bearing in mind that:

• a compensation claim usually requires a prior demand that the co-owner stop the exclusive use, or pay (⚠️ whether, and from when, compensation is owed without a prior demand is to be verified),
• pursuing unpaid amounts for an extended period may be limited by the statute of limitations (⚠️ the exact limitation period for this type of claim is to be verified),
• this claim is separate from dividing the estate itself, and can be dealt with on its own or together with the division of the estate.

How to pursue your rights, step by step

1. Gather the documentation — who has been occupying the property and since when, whether it has been let out, and what the inheritance shares are (the notarial certificate of succession or the court's decision).
2. Try talking first, and send a written demand — describe the situation, state what you want (being let back into use, an accounting of the proceeds, or compensation), and set a deadline for a reply.
3. Keep a record of the correspondence — emails, texts and registered letters will help if the matter ends up in court.
4. Consider family mediation — inheritance disputes are often emotionally charged, and a settlement can be quicker and cheaper than court proceedings.
5. If an amicable solution fails, discuss with a lawyer an application for division of the estate combined with an accounting for use of the property, or a separate compensation claim.

How this relates to dividing the estate — do you have to wait for the formal division

A dispute over the use of the property can be tackled before the estate is formally divided — you do not have to wait for division to demand access to shared possession. In practice, many such disputes are resolved as part of division-of-estate proceedings, where the court can settle the heirs' mutual claims over use of the property beyond one's share at the same time (⚠️ the extent to which a court in division-of-estate proceedings deals with compensation claims of its own motion, and when a separate application is required, is to be verified).

Frequently asked questions

Can I claim compensation if my brother has lived in our parents' house for years and I never objected?

It depends on the circumstances — tolerating the situation for a long time without any objection can make it harder to claim compensation for earlier periods, and part of the claim may become time-barred (⚠️ the effect of not having objected earlier on the scope and limitation period of a compensation claim is to be verified). Putting your demand in writing as early as possible helps put the situation on a clear footing going forward.

Can I move into the inherited house without my siblings' consent?

As a co-owner, you have the right to shared possession of the property in proportion to your share, but not to occupy the whole of it exclusively without agreement from the others — doing so could create a similar obligation on your part to account to the rest of the heirs.

Will dividing the estate solve this problem once and for all?

A formal division of the estate ends the state of co-ownership and allocates specific assets to particular people, which usually removes the source of the dispute going forward. It does not always automatically settle the use of the property before the division, though — that can be dealt with as a separate issue within the same proceedings.

What if an heir is letting out the inherited property and keeping all the rent?

This is a typical example of use beyond one's share — the other heirs can demand an accounting of the proceeds (such as rental income) in proportion to their shares, although the precise scope and method of calculation depends on the circumstances and the tenancy documentation (⚠️ the detailed rules for accounting for civil proceeds from inherited property between co-heirs are to be verified).

Need help with this?

If one of the heirs is occupying a property without the others' consent and will not settle up voluntarily, it is worth first organising the documentation — the shares, evidence of use, and any attempts at contact — before the matter goes to a lawyer or to court. Describe your situation on the division of the estate — help page (in Polish), and take a look at related guides too: Division of the estate — what it is and how it works, Court division of the estate — when and how, and Inherited property — how to divide it.

Content last checked: July 2026.