Selling Jointly Owned Property in Poland: A Co-Owner's Guide

A flat or house belongs to several people — you and your brother, you and your ex-spouse, or you and your siblings as heirs. You all want to sell, but what if one of you doesn't? What are your rights? This guide explains the procedure for selling co-owned property in Poland, how the statutory pre-emption right works, how to sell just your own share, and what your options are if one co-owner is blocking the sale.

This guide is general legal information, not legal advice. How the rules apply depends on your individual circumstances, the form of co-ownership, and the underlying agreements — the matter should be assessed by a qualified Polish lawyer, particularly where there is a dispute between owners. Twoja Sprawa helps you organise the documents for that assessment.

The basic rule: selling the whole property requires the consent of ALL owners

If a property is jointly owned by several people, any change to it — sale, mortgaging, letting it out — requires the consent of every co-owner.

In practice, this means: - You cannot sell on your own without the agreement of the others - Each co-owner must give consent, recorded in the akt notarialny (notarial deed — the formal deed executed before a Polish civil-law notary, required for any property transfer) - All co-owners sign the sale agreement, either in person or through a power of attorney

What happens if you sell without the other owners' consent

• The contract would be legally defective or ineffective
• The co-owners who did not consent could seek to have the sale annulled and the property returned
• Unwinding a sale like this involves a lengthy and complicated court procedure

Tip: Never sign a sale contract without the agreement of all co-owners. A notariusz (a civil-law notary — a distinct role from a UK notary public, and the mandatory official for Polish property transfers) will always check this before proceeding.

Selling your own share: the other co-owners' pre-emption right

You may not want to wait for the other co-owners to agree to a full sale. Instead, you might want to sell only your own share — say, a 1/2 share in a house owned by two people.

This is possible, but the other co-owners hold a statutory pre-emption right (prawo pierwokupu, articles 596–602 of the Polish Civil Code, Kodeks cywilny — KC).

How it works

1. You want to sell your share to an outside buyer
2. You notify the other co-owners in writing, via a notary or an estate agent
3. You give them the pre-emption right — they can buy your share on the same terms as the outside buyer, within 14 days (or a longer period if you agree one)
4. If they don't take up the offer, you're free to sell to the outside buyer
5. If they do take it up, they buy your share instead

In practice

Scenario 1: The other co-owners don't want your share - You notify them and give 14 days - They stay silent or decline - You sell to the outside buyer on the exact same terms you offered them

Scenario 2: They want to buy - You agree terms (price, completion date) - The notary draws up the sale agreement between you and the remaining co-owner(s) - The purchase price for your share is paid

What about the new owner of your share?

Whoever buys your share (where the pre-emption right wasn't exercised) becomes a new co-owner alongside the others. That means everyone will still have to agree together on the property's future.

⚠️ Note: Selling your share doesn't end the co-ownership — it simply brings a new co-owner into the arrangement.

Spouses and jointly owned property

If you're married, property bought during the marriage generally forms part of the statutory marital community property (wspólność ustawowa) — owned jointly by both spouses.

The rules: - Both spouses must consent to any sale - Both spouses must sign the sale contract - If one doesn't agree, the other cannot sell without a court order - Even if only one spouse earned the money to buy it (the other didn't work), the property is still jointly owned

What if you're divorcing, or divorce proceedings are under way?

• The court decides how the marital assets are divided
• The property may be awarded to one spouse (with the other receiving a cash equivalent), or it may remain jointly owned by both
• Until then, any sale is on hold — you cannot sell without your ex-spouse's consent or a court judgment

Tip: If divorce proceedings are under way, wait for the court to determine who the property will go to. Once that's decided, it will be clear who is entitled to sell.

What if one co-owner is blocking the sale?

The most common problem is a conflict between co-owners. For example: - You want to sell, your brother doesn't - You want to sell, your ex-wife doesn't - The heirs can't agree among themselves

Options

1. Negotiation - Talk to the other co-owners — they may be persuaded - Explain your reasons (you need the money, you want to move) - Offer a compromise (e.g. "we sell, but you get a larger share of the price")

2. Terminating co-ownership by notarial agreement (article 13 of the Polish Land and Mortgage Register Act, ustawa o księgach wieczystych i hipotece) - Possible if everyone agrees to physically divide the property (each owner gets their own portion) or to sell it and divide the proceeds - Requires the consent of all co-owners

3. Terminating co-ownership through the courts (article 209 KC) - If negotiations fail, you can sue the other co-owners - The court can order a sale of the property (at auction, if it cannot be physically divided), with the proceeds then divided - This is a long process (1–3 years)

⚠️ In practice: Court proceedings are a last resort and take time. Negotiation is almost always the better route where it's possible.

Selling where there's a dispute between owners: the court process

If a dispute arises and one owner sues the others, the sale process is put on hold. The court decides the property's fate.

The court process

1. You bring proceedings against the other co-owners for termination of co-ownership
2. The court hears both sides and assesses their positions
3. The court may: - Order a sale (where the property cannot be physically divided) - Award the property to one owner, who then pays the other(s) its value - Refer the parties to mediation (informal negotiation)
4. Once judgment is given, the sale process can resume

Costs

• Court fee (a percentage of the property's value)
• Legal fees (if you instruct a lawyer rather than representing yourself)
• Time (1–3 years for the proceedings)

Checklist: what to prepare before selling co-owned property

• ☐ e-KW — check the księga wieczysta (the land and mortgage register — Poland's public register of property ownership and charges) for who the co-owners are and their respective shares
• ☐ Contact every co-owner — confirm whether everyone agrees to sell
• ☐ Powers of attorney — needed if someone cannot sign in person (e.g. because they live abroad)
• ☐ Preliminary contract (umowa przedwstępna) — signed by ALL co-owners
• ☐ Notary — inform them that this is a sale of jointly owned property
• ☐ Proof of consent — written confirmation from co-owners (e.g. a confirming email)
• ☐ Notarial deed of sale — listing all owners as sellers
• ☐ Agreement on splitting the proceeds — how the sale price will be divided between co-owners

Frequently asked questions

Can I sell my share without the other co-owners' consent? Yes, but the other co-owners hold a pre-emption right — they can buy your share instead of the outside buyer. If they don't exercise it, you're free to sell to that buyer.

Is the pre-emption right an obligation or an option for the other co-owners? It's an option, not an obligation. They can exercise it, but they don't have to. If they're not interested, you can sell to a third party.

How long do the other co-owners have to exercise the pre-emption right? Usually 14 days from notification (longer if you agree it). Always state the deadline clearly in your written notice.

What if a co-owner lives abroad and is hard to reach? You'll need a notarial power of attorney for someone who can act on their behalf. The notary can also serve notice by registered post or through the consulate.

Can a court force a sale if one co-owner refuses? Yes — if terminating the co-ownership isn't possible any other way (for example, the property can't be physically divided). The court can order a sale at auction, with the proceeds then divided between the co-owners.

Does every co-owner get a share of the proceeds proportional to their share of the property? Yes — each co-owner receives a share of the sale price proportional to their ownership share. If you own 1/2 of the property, you receive half the price.

This guide is general legal information, not legal advice. Selling co-owned property is a complex area, especially where there is a dispute between owners. Always take advice from a notary and, where needed, a lawyer.