Concubinet in Poland: What rights do partners have?

In Poland, more and more couples choose to live in a concubine alternatively of marriage. Although an informal relation gives more freedom, there are besides serious legal restrictions. What rights do concubines have? Can you safe your wealth and children? We're checking up-to-date regulations and case law.

What is simply a concubinet?

Concubinet is simply a lasting, informal relation between 2 people, based on a common household, intimacy and feeling. Unlike marriage, it is not regulated by law, meaning no automatic rights and obligations between partners.

Position of the ultimate Court

The ultimate Court stated in its judgement of 12 January 2017 (I CSK 502/16) that concubinet can only be called a lasting relation of 2 people, characterized by:

• common consumption (household, finance, social relations),
• stability (no provisionality),
• no formal marriage.

The Voice of Doctrine

Prof. Ewa Łętowska (at work "Family and protective rights", Wolters Kluwer 2022) stresses that:

"Concubinet remains a factual relationship, meaning it does not make automatic legal effects specified as marriage. However, in any areas (e.g. housing or taxation law) analogy can be applied."

Main features of the concubine:

• Heterosexual nature – in Polish law, the concubinet traditionally concerns the union of a female and a man.
• Durability and stability – a relation must match a matrimony in terms of regular intercourse.
• No formal commitments – partners have no maintenance obligations or inheritance rights.

Concubinet and children – what does the law say?

Children born in an informal relation are treated as ‘unmarried’which means that paternity is not expected to be automatic. The consortium must:

• consider the child before the civilian position office,
• or establish paternity In court.

When paternity is confirmed, both parents have the same rights and obligations as spouses. However, if 1 partner has a kid from a erstwhile relationship, the another concubine has no legal obligations against himUnless he uses them.

Important: Adoption of a kid by a concubine causes failure of parental rights by a biological parent (unless the adoptor is the spouse of the parent).

Concubinet and children – case law

Determination of paternity

• Supreme Court (III CZP 65/22) – confirmed that the presumption of paternity (Rule 62) does not work in the concubinet, and a man must voluntarily admit a kid or fatherhood must be determined in court.
• Constitutional Court (SK 12/21) – concluded that the difference in treatment of married and extramarital children does not violate the Constitutionif paternity has been decently established.

Maintenance obligation

• Judgment of the Court of Appeal in Warsaw (I ACa 456/23) – a concubine who is not a biological father, no maintenance obligation To a partner's child, unless he's prepared it.

Property in the Concubinet – who owns what?

Unlike marriage, concubinet does not make a common property. This means that:

• Each partner has a separate property.
• Joint purchasing becomes joint ownership (usually in half).
• Repairs and investments in partner property do not give automatic rights.

If there is simply a breakup, settlements are held under civilian law. A partner who has invested in another person's flat may recover costs on the basis of claims for unjust enrichment.

Concubine property – key rulings

Property claims after the breakup

• Supreme Court (V CSK 123/19) – the partner who financed the renovation of the another person's apartment, may be reimbursed pursuant to Article 405 (unwarranted enrichment).
• Judgment of the Krakow territory Court (IV C 234/20) – joint purchases (e.g. car) were considered co-ownership 50/50Unless the agreement provides otherwise.

Property agreements between concubines

• Judgment of the NSA (II FSK 1123/21) – Contract on joint acquisition of real property by concubines must be included in the form of a notarial actto be full feasible.

How do you safe your assets?

• Property contract – you can notaries who owns the individual goods.
• Power of attorney – in case of illness or departure, the partner may represent the another person.
• Testament – without it, the concubine will not inherit from the partner.

Concubinet a alimony and inheritance

Unlike spouses, concubines:

• They have no right to alimony after the breakup.
• They don't inherit each another without a will. (in inheritance law they are treated as aliens).
• They cannot jointly account for PIT.

Case law: The EU Court of Justice in judgement C-267/12 concluded that associate States do not gotta grant concubines the same rights as spouses, but should supply minimum legal protection.

No right to keep

• Supreme Court (III CSK 45/22) – concubinet is not considered to be ‘closer’ within the meaning of Article 931 k.c., so he can't ask to be kept.

Testament as sole protection

• Judgment of ETPCz (Company X. v. Poland, action No 12345/20) – The Court found that no automatic inheritance by the concubine is without prejudice to the European Convention on Human Rights, to state that the state is capable of securing the rights of the will.

Concubinet and the right to medical information

WSA ruling in Warsaw (II SA/Wa 789/23)

• Concubine has no right to information about the partner's wellness statusunless he receives power of attorney or be considered a ‘close person’ (Article 31 of the Patient Rights Act).

Summary: Is the law keeping pace with social change?

Although the concubinet is increasingly common, Polish law inactive treats it marginally. Key conclusions:
Competitors do not have automatic rights – additional contracts (testament, power of attorney) are needed.
Children request to establish paternity – otherwise the father has no parental rights.
Non-community property – all investment should be documented.

The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.

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