In the case of reference number III CZP 103/17, the Supreme Court, on February 23, 2019, adopted a resolution with the following wording:
„In the case of division of common property after the end of the joint property between spouses, the composition of joint property is determined according to the time when the property cessation ends, and its value according to the state of this property and prices at the time of division.”
The supreme court thus crossed the emerging doubts and confirmed the lines of previous case-law. At the same time, due to the fact that a lot of time could have passed since the disappearance of property and property could change, the Supreme Court explained that any property changes that occurred between the moment of cessation of the community and the moment of the department – spontaneous, accidental and intentional, such as natural or physical wear of property components, or even their loss, increase in value due to inputs, material charges, market situation, etc. – are subject to settlement and subsequent compensation in the form of repayments or surcharges. The application of surrogation rules is also not excluded; in this case, the components acquired in exchange for items previously covered by the marital community are subdivided (see the decision of the Supreme Court of 26 October 2017, II CSK 883/16, not public).