Today's economic realities mean that more and more young adults stay in the family home much longer than previous generations did. A difficult property market, high rents and inflation make becoming independent a financial challenge. Unfortunately, this does not always go hand in hand with a fair share in the costs of running the household.
An adult child who does not contribute to household bills is a problem that affects many Polish families. Parents often wonder whether they have legal means to make a working child who lives under the same roof share the costs. There is no simple answer: it depends on a number of legal and factual circumstances. If you run your own business, see also our accounting services.
Young adults becoming independent later in life encourages conflicts over adult children not contributing to household bills. The situation is particularly difficult given the rising cost of maintaining a home and the problems on the property market
The issue needs to be discussed from the perspective of family law as well as the rules on renting, housing cooperatives and co-ownership of property. Each of these legal situations gives parents who want their child to share the costs different options.
Legal basis of the duty to contribute to the family's living costs
The Family and Guardianship Code (Kodeks rodzinny i opiekuńczy) contains a provision in Article 91 which at first glance seems to be the perfect solution. Under this provision, a child who has income from their own work should contribute to the family's living costs if they live with their parents. However, legal scholars and the courts interpret this provision in a much more complex way. We cover the rights of parents of young children in our guide on parental leave and nursery or preschool.
First of all, this duty is of a moral rather than legal nature, in the sense that it cannot be directly enforced as a claim. This means that parents cannot rely on this provision directly in court and demand that the child pay a specific amount towards living costs. It is more of an ethical guideline than a legal norm that can be enforced directly.
The duty to contribute to the family's living costs arises when the child earns income from their own work. This can happen both for a minor and for an adult child, as the provision refers to a child in general, regardless of age
The duty can be fulfilled in various ways, which gives some flexibility in how it is met:
- Money - transferring funds directly to cover household bills
- Non-cash contributions - buying food, household goods or other necessary items
- Contributions in kind - handing over items received as part of pay for work
Non-cash contributions can take two forms. First, the child can buy the necessary items with money from their own income. Second, the child can receive certain benefits in kind as part of their pay and pass them on to the shared household.
When a child does not want to share the costs voluntarily, parents should first talk to them about the need to do so. An honest conversation about the family's financial situation and a fair division of responsibilities often solves the problem without any legal steps
If talking does not bring the expected results, parents need to look for other legal solutions. The right course of action depends on the family's legal title to the home and on the specific circumstances of the case.
Renting a flat - joint and several liability of adult household members
If the family lives in a rented flat, the Civil Code (Kodeks cywilny) gives parents specific legal tools to make the child share the costs. Article 688¹ § 1 of the Civil Code states that adults who permanently live with the tenant are jointly and severally liable with the tenant for the rent and other charges due. The consequences of refusing a duty at work are discussed in our piece on an employee refusing a business trip.
Importantly, the provision contains an exception for adult descendants who are maintained by the tenant and are unable to support themselves. This means that if an adult child is unemployed, studying and has no income of their own, or cannot support themselves for other reasons, they will not be jointly and severally liable for housing charges.
| Category of person | Joint and several liability | Exceptions |
|---|---|---|
| Working adult child | YES | None |
| Unemployed adult child | NO, if the exception applies | Is maintained by the parents and unable to support themselves |
| Adult child who is a student | NO, if the exception applies | Has no income of their own and is maintained by the parents |
| Adult child with a disability | NO, if the exception applies | Cannot support themselves and is maintained by the parents |
| Other adults permanently living with the tenant | YES | The exception applies only to descendants (children, grandchildren) |
Joint and several liability means that each debtor can be held liable for the whole debt. In practice, the owner of the flat can demand the full rent from the parents as well as from the adult child
Under § 2 of the same provision, the liability of persons permanently living with the tenant is limited to the rent and other charges due for the period in which they permanently lived there. This means that the child will not be liable for arrears that arose before they started living there.
Joint and several liability works as follows: when one of the joint debtors pays, they can claim reimbursement from the other co-debtors. Unless the legal relationship between them provides otherwise, the debtor who paid can claim reimbursement in equal shares.
In practice, this means that parents who have paid the rent and charges for the flat can then demand that the adult child reimburse their share of those costs. The costs can be divided in proportion to the number of people living in the flat or according to another agreed formula.
The claim should be pursued in the following steps:
- Preparing documents - collecting all bills and documents confirming the costs incurred
- Calculating the amount due - working out the amount attributable to the child under the agreed formula
- Demand for voluntary payment - sending a written demand with a deadline for payment
- Court proceedings, if needed - if there is no response to the demand
Practical example: Mrs Grażyna rents a flat in Poznań for PLN 2,000 a month plus PLN 500 in service charges. She lives with two adult sons - one regularly contributes to the bills (PLN 833 a month), the other refuses to contribute. After unsuccessful talks, Mrs Grażyna can sue the son who does not pay for reimbursement of PLN 833 a month for the period he has lived there.
If the child does not respond to the demand for voluntary payment, the parents can take the case to court. Remember, however, that court proceedings involve court fees, can take a long time and may harm family relationships
An important issue is the limitation period. As housing charges are periodic payments, the limitation period is 3 years, and it ends on the last day of the calendar year (Article 118 of the Civil Code). The court does not examine limitation of its own motion, which means it is taken into account only if the defendant raises the relevant defence during the proceedings.
Cooperative flats - obligations of adult household members
The Housing Cooperatives Act (ustawa o spółdzielniach mieszkaniowych) of 15 December 2000 contains rules similar to those that apply to renting, but adapted to the specific nature of cooperative rights to a flat. These rules cover various categories of people connected with a housing cooperative.
Members of a cooperative who hold cooperative rights to flats must take part in covering the costs of operating and maintaining the property. This duty covers:
- Costs attributable to their flats
- Operation and maintenance of property forming part of the cooperative's assets
- Expenses in line with the cooperative's statute
Cooperative members who own their flats have similar obligations to holders of a cooperative right to a flat. They must take part in covering the costs of operating and maintaining their flats and the common property
A special category are flat owners who are not members of the cooperative. They also have to take part in covering the costs of operating and maintaining their flats and the common property. In addition, they must contribute to the expenses of operating and maintaining the cooperative's property intended for shared use.
The key provision for this problem states that adults permanently living with the persons entitled to the flat are jointly and severally liable with them for the charges. As with renting, there is an exception for adult descendants who are maintained by them (Article 4(6) of the Housing Cooperatives Act) - in a cooperative, the Act does not add the condition of being unable to support oneself.
Joint and several liability in housing cooperatives covers not only cooperative members but also persons who actually use the flat. This means that even temporary residents may be liable for cooperative charges
The procedure for pursuing claims for cooperative flats is the same as for renting. Parents can demand that the adult child voluntarily pay their share of the cooperative charges and, if the child refuses, take the case to court.
Remember that cooperative charges often cover a wide range of costs, such as:
- Administration and property management costs
- Utilities supplied to common areas
- Maintenance and repair of common areas
- Municipal services
- Contributions to the repair fund
Co-ownership of property and financial obligations
The legal situation becomes even more complicated when the adult child is a co-owner of the property in which they live with their parents. This may result from inheritance, a gift or other legal events. In such cases, the child has not only rights to the property but also obligations related to its upkeep.
Co-ownership of property means that all costs of its upkeep should be borne by the co-owners in proportion to their shares. If the child is a co-owner but does not contribute to the upkeep costs, the parents can claim reimbursement of the expenses they have paid on the child's behalf. The tax side of a younger child's income is covered separately: a minor child's income in the parents' tax return.
Co-ownership in fractional shares is treated by law as a temporary and transitional state. Each co-owner has the right to demand the dissolution of co-ownership regardless of the will of the other co-owners
Article 211 of the Civil Code states that each co-owner may demand that co-ownership be dissolved by dividing the common property. The exceptions are cases where the division would be contrary to the law or to the socio-economic purpose of the property, or would involve a significant change to the property or a substantial reduction in its value.
Co-ownership can be dissolved in several ways:
- Physical division of the common property between all or some of the co-owners
- Granting the whole property to one co-owner with an obligation to pay off the others
- Selling the common property and dividing the proceeds between the co-owners
In practice, a co-owner's share is most often paid off. In this situation, the child would receive financial compensation for their share in the property, but would lose the legal title to live there.
Parents may also consider selling their share in the property to a third party. A new co-owner may be less tolerant of the child not contributing to the costs and more effective in enforcing the charges due
Dissolving co-ownership is a radical measure that can be used when other methods have failed. Parents should carefully consider the consequences of such a step, especially for family relationships and the practical side of housing.
Eviction of an adult child
In extreme cases, when all other methods have failed, parents may consider evicting the adult child from the flat. This is legally possible, but it requires certain conditions to be met and the proper procedure to be followed.
Evicting an adult child involves the following stages:
- Terminating the loan-for-use agreement for the flat (umowa użyczenia) - legally ending the child's title to live there
- Observing the notice period - a one-month notice period is usually sufficient
- Notice period expiring without effect - the child does not leave the flat despite the notice
- Filing a claim in court - bringing an action for vacating the flat
- Court proceedings - the court examines the case taking into account the rules on tenant protection
The fact that the child is registered as living at the address (meldunek) does not prevent eviction. Registration is an administrative matter and does not create a legal title to the flat
It is very important not to take hasty steps, such as changing the locks or physically preventing access to the flat before a final court ruling. Such actions may give grounds for a claim to restore disturbed possession and further complicate the case.
Once the notice period has expired without effect, parents can bring an action for vacating the flat. Under the Civil Code, an owner may demand that a person who actually controls their property return it, unless that person has a right to control it that is effective against the owner.
Eviction is governed by the Act on the Protection of Tenants' Rights (ustawa o ochronie praw lokatorów), which requires the court to examine of its own motion whether the conditions for a social tenancy agreement are met. The court must take into account how the evicted person has used the flat so far and their particular financial and family situation.
The court cannot rule that certain categories of people have no right to a social tenancy agreement, including pregnant women, minors, persons with disabilities, the bedridden, pensioners who meet the criteria for social assistance and the unemployed
The obligation to provide a social tenancy rests with the municipality (gmina) where the flat to be vacated is located. However, the protection of the categories of people listed above does not apply when the evicted person can live in another flat or their financial situation allows them to meet their housing needs on their own (Article 14(4) of the Act on the Protection of Tenants' Rights).
It should be stressed that evicting an adult child is a last resort that can have serious consequences for family relationships. Before making such a decision, it is worth considering all alternatives and possibly consulting a lawyer specialising in housing law.
Practical aspects of pursuing claims
Pursuing claims against an adult child for not sharing living costs requires a well-thought-out strategy and proper preparation. The first step should always be an honest conversation with the child about the family's financial situation and the need for a fair division of the burden.
During such a conversation, it is worth presenting the specific costs of maintaining the flat and proposing a fair way of dividing them. This can be an equal split between all adult household members or a split in proportion to each person's income. The arrangements should be clear and understandable to everyone.
Documenting the costs of maintaining the flat is crucial for any claim. Parents should keep invoices, bills and other documents confirming the expenses incurred
If talking does not work, the next step is to prepare a written demand for payment. The demand should include:
- An exact calculation of the costs attributable to the child
- The period covered by the claim
- The legal basis of the claim
- A deadline for voluntary payment
- A warning about the consequences of not complying with the demand
When preparing the demand, it is worth getting help from a lawyer, who will help you word the claims correctly and improve your chances of success.
The limitation period for claims for housing charges is 3 years for periodic payments and ends on the last day of the calendar year. The court does not examine limitation of its own motion, but the defendant may raise it as a defence
If the case goes to court, parents need to be prepared for the following costs:
- A court fee calculated on the value of the claim
- Legal fees (if they use an advocate or legal adviser)
- Possible costs of taking evidence
- The risk of being ordered to pay the costs of the proceedings if they lose
Court proceedings can also take a long time, especially if the defendant disputes the claims or raises various defences. You should also bear in mind the potential impact of a court dispute on family relationships.
Alternative ways of resolving the conflict
Before parents decide to take legal steps, it is worth considering alternative ways of resolving the conflict. Problems often stem from misunderstandings, different expectations or a lack of awareness of the real costs of running a home.
Alternative solutions include:
- Family mediation - resolving the dispute with the help of an impartial mediator
- Gradually introducing responsibilities - taking over responsibility for specific bills
- Incentive system - more freedom in exchange for sharing the costs
- Financial education - raising awareness of the real costs of running a home
- Setting a date for moving out - agreeing on a time to prepare for independence
Setting clear rules for living together and dividing responsibilities can prevent future conflicts. It is worth considering a simple written family agreement setting out the rights and duties of all household members
Parents may also consider introducing an incentive system that encourages the child to take more financial responsibility. This may include more freedom in decisions about the home in exchange for sharing the costs.
It is also important to educate the child about the real costs of running a home. Young people are often unaware of how much utilities, rent or other household costs amount to.
In some cases it may help to set a date by which the child should become independent. This gives the young person time to prepare for living on their own, while signalling that the current situation cannot go on forever.
Practical example: The Kowalski family lives in a rented flat. Their 25-year-old son works but does not contribute to the housing bills. After a conversation, they agreed that the son would gradually take over responsibility for the bills - first for the internet and phone, after three months for electricity, and after another three months for his share of the rent. This solution helped avoid conflict and gradually got the son used to paying living costs.
