- While joint marital property lasts, you sell the apartment together, with the consent of both of you.
- With a joint mortgage, the bank is repaid from the sale price, which closes the shared obligation.
- The 5 years for a tax-free sale usually run from when the apartment was bought into joint property, not from the divorce.
The shared apartment is usually the largest and most emotional part of the assets in a divorce. There are several options. A sale gives both sides a clean start and closes the joint mortgage, but it needs good planning so that the apartment is not sold for too little under time pressure.
Three possible routes
- Sell and split the money. The cleanest solution, especially with a joint mortgage.
- One spouse stays and buys out the other. This requires the creditworthiness of the person who stays and the bank's consent to release the other person from the loan.
- The apartment stays jointly owned, for example as a rental. Rarely good for long, because it requires constant joint decisions.
Who has to agree to the sale
While joint marital property lasts, selling an apartment from joint property requires the consent of both spouses. The simplest way is for both to sign the notarial deed. After the divorce, but before the property is divided, each of you holds a share and selling the whole still requires both of you to agree. If contact is difficult, each of you can act through an attorney, and one outside person handles the talks with buyers.
What about the joint mortgage
A divorce does not change the loan agreement: you are both liable for the whole amount until the loan is repaid or the bank agrees to a change. When you sell, the bank issues a certificate of the outstanding balance and consent to remove the mortgage after repayment. Part of the price goes from the buyer directly to the bank, and the rest is split between you. More in the guide to selling an apartment with a mortgage.
Tax on sale
According to the Minister of Finance's general interpretation of 8 February 2018, when an apartment is sold after the division of marital property, the 5 years run from the end of the year in which the apartment was bought into joint property, not from the date of division. If you bought the apartment long ago, the sale is usually tax-free. If recently, check the result in the tax calculator and consider the housing relief. When property is divided with a buy-out, PCC tax may apply to the part exceeding your share. The notary will calculate it.
How not to sell below value
- Set the price based on data, not emotions. A valuation based on nearby transactions is a neutral starting point for both sides.
- Agree the rules in writing: the minimum price, who shows the apartment and how you share costs until the sale.
- One person runs the sale. The buyer should not see the conflict, because they will use it in negotiations.
- A report for both sides. In such sales I send the same information to both owners, so nobody feels left out.
Legal status: October 2026. This is a practical guide, not legal or tax advice. In disputed cases, it is worth consulting a lawyer or a mediator.
Premium real estate agent in Wrocław. She sells apartments and houses, handles off-market transactions and works with clients from abroad. More about me
