In Polish: Wspólność majątkowa i zgoda małżonka
This is the word you will see in bank documents.
Definition
Joint marital property (wspólność majątkowa) is the regime that arises by law on marriage in Poland: property acquired during the marriage belongs to both spouses. Under this regime, buying a property for payment and encumbering it with a mortgage require the other spouse's consent (Article 37 § 1 of the Family and Guardianship Code). Spouses can change the regime by a marital property agreement before a notary, commonly called intercyza.
What it means for you
Under joint property the bank and the notary require the spouse's consent, and banks usually want both to be borrowers. Under separate property one spouse can buy a flat and take a loan alone, but the bank will often still deduct the whole family's living costs. A marital agreement signed after the loan does not change the agreement with the bank: whoever signed remains liable for the whole debt.
Full entry in Polish, with a worked example and sources
Frequently asked questions
Do I need my spouse's consent for a mortgage under joint property?
Yes. Buying a property for payment and encumbering it with a mortgage require the other spouse's consent (Article 37 of the Family Code). Banks usually also want both to be borrowers. For foreign spouses, the marital property regime may follow foreign law; the notary checks this.
Under separate property, must my spouse be on the loan?
No. One spouse can buy the flat and take the loan alone. The bank will still ask about marital status and request the marital property agreement.
Does a marital agreement signed after the loan release a spouse from the debt?
No. The loan agreement does not change, and both remain jointly and severally liable. Releasing one spouse requires an annex and the bank's consent.
Related terms
Definitions are simplified and reflect Polish law and bank practice as of October 2026. Where every word matters, the Act and your loan agreement decide. Figures in examples are indicative and are not a bank offer. The Polish version of each entry has worked examples and sources.
Other terms in “Creditworthiness and down payment”