I'm English married a Polish women then bought land in Poland

dap

4 Nov 2009 / #1

When we bought the land the notary never said English people could not own land in Poland so a few months later I gave it to my wife as a present as I was told it was the only way to keep it, is this true?

The reason I ask this is because we are now divorced and I have nothing, what chance do I have of getting anything back?

Gaa

4 Nov 2009 / #2

when did you buy it?

OP dap

4 Nov 2009 / #3

Winter 2006 the first notary then Jan 2007 I signed it over as a present

SeanBM 35 | 5,806

4 Nov 2009 / #4

What kind of land was it, agricultural, residential, forest etc..?
And how big was the plot?

A foreigner may purchase real estate only after receiving permission from the Ministry of Internal Affairs and Administration (after approved by the Ministry of Defence and, in the case of farmland, also after receipt of approval by the Minister of Agriculture)

From the day of accession to the EU (1 May 2004), foreigners who are citizens or entrepreneurs of the EEC countries do not need permission to purchase real estate...

Exceptions to the above are:
1) Farms and woodlands - permission is required during the first 12 years from the date of Poland's accession to the EU. However, permission is not required if several conditions are fulfilled: if the person who wants to purchase the real estate is a leaseholder over a defined period (7 years for western regions of Poland and 3 years for the remainder ... and if the leaseholder personally conducts agricultural activities and lives legally in Poland
2) "Second House" - permission is required during the first 5 years from the date of Poland's accession to the EU (however, permission is not required if a foreigner lives legally and continuously in Poland for 4 years or if he purchases a "second house" in order to conduct business activities in tourism services

https://polishforums.com/real-estate/poland-foreigners-buy-houses-34820/

OP dap

4 Nov 2009 / #5

We bought it together with the intention to build our home so it was residential.
My plan was to finish paying off the the loan within 3 years, then move to live and work in Poland with my wife, she was still studying at the time so had no way of buying the land and her family had no means to buy it either.

SeanBM 35 | 5,806

4 Nov 2009 / #6

what chance do I have of getting anything back?

You will have to talk to a lawyer about that.
I don't know the divorce law for Poland.

OP dap

4 Nov 2009 / #7

Thanks for your help SeanBm I will take your advice.

carl marx

28 Nov 2009 / #8

yes u have a chance indirectly.
if u paid the money by bank transaction go to court and proove it and ask for ur money back with outrageous interest like 20% per month or negotiate and settle at the level u feel comfi,if u dont get ur land u will surely get ur money atleast:))))))))

another resolution ask an lawyer on comission basis to fight for u giving him 60% if u have to:)throw the dogs meat to bite for u:))

also if u signed her as present did she pay taxes on her present there are gift laws in poland like in Us one can only gift 10k$ a year as gift if not use that basis to jerk her also:) try making the case complicated and more people involved someone in there will give up unless its u:))))