The division of joint property can be done after the statutory community has been abolished. The division of the joint property can be done at a notary’s office by agreement if the parties are in agreement on the division of the joint property or by court if the parties are unable to agree on the division of the joint property.
An agreement on the division of joint assets may be made in a form appropriate to the transfer of ownership of the items included in the joint assets, so, for example, if the assets include real estate the form appropriate to the division of joint assets, so in the case of a business including real estate and a business under succession administration. On the other hand, the division of assets that include a business requires a written form with notarised signatures. The division of the joint property may be total or partial.
(art. 1037 – 1038 of the Civil Code: https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU19640160093/U/D19640093Lj.pdf )
