Doughnuts
22 Oct 2010
Real Estate / Legal questions about dividing a property in Poland [19]
Hello
I have a few questions that I would be very gratefull to anybody for any assistance they might be able to give.
I Have a polish wife and like many polish familys, her family have a large unfinished house that her parents have decided to split amongst their 3 children. There are actually 2 houses on the site, a 2 bed finished house (parents) and an unfinished 6 bedroom "extension" garage/basement, 2 floors and loft. It is the extension that has been decided to be split up. We were over there last week and whent to the notariusz who said the only way it could be divided would be for the total estate to be split and then for an architect and solicitor to draw up papers as to who was entitled to each part of the house and land.
Within a normal family enviroment this would not have botherd me and I would have happily sank 10k into renovating what will be my wifes portion of the extension, the ground floor. However her parents are not the most stabile and I am worrying that the 1/4 of the estate that my wife is signed for but not determined will allow her parents to continually change the goal posts. My 1st question being does the allocation of the estate follow this process or has my wife and family been led down the garden path as the notariusz cost 2000zl.
The next question I have is at the moment the estate is split into 1/4s with each parent having 1/4 and my wife and her younger brother having a 1/4 each. The eldest son who for personal reasons has not been allocated anything at this time but with a promise that on the parents passing he will get their 1/2. As my wife does not have a great relationship with her brother does he have any legal grounding to challenge her and her brothers 1/4 allocation or at the parents death would their 1/2 have to be split among the 3 children?
On a side note as the ground floor of the house is to be a holiday flat for my wife and our family are there any precautions I should be aware of that would not necessarily apply in the UK. The most obvious 1 I can think of is freezing pipes in the winter for which I will start a new thread about. But there may be some other legal issues I am not aware of with regard to being responsible for property in Poland.
Thanks in advance for any help.
Hello
I have a few questions that I would be very gratefull to anybody for any assistance they might be able to give.
I Have a polish wife and like many polish familys, her family have a large unfinished house that her parents have decided to split amongst their 3 children. There are actually 2 houses on the site, a 2 bed finished house (parents) and an unfinished 6 bedroom "extension" garage/basement, 2 floors and loft. It is the extension that has been decided to be split up. We were over there last week and whent to the notariusz who said the only way it could be divided would be for the total estate to be split and then for an architect and solicitor to draw up papers as to who was entitled to each part of the house and land.
Within a normal family enviroment this would not have botherd me and I would have happily sank 10k into renovating what will be my wifes portion of the extension, the ground floor. However her parents are not the most stabile and I am worrying that the 1/4 of the estate that my wife is signed for but not determined will allow her parents to continually change the goal posts. My 1st question being does the allocation of the estate follow this process or has my wife and family been led down the garden path as the notariusz cost 2000zl.
The next question I have is at the moment the estate is split into 1/4s with each parent having 1/4 and my wife and her younger brother having a 1/4 each. The eldest son who for personal reasons has not been allocated anything at this time but with a promise that on the parents passing he will get their 1/2. As my wife does not have a great relationship with her brother does he have any legal grounding to challenge her and her brothers 1/4 allocation or at the parents death would their 1/2 have to be split among the 3 children?
On a side note as the ground floor of the house is to be a holiday flat for my wife and our family are there any precautions I should be aware of that would not necessarily apply in the UK. The most obvious 1 I can think of is freezing pipes in the winter for which I will start a new thread about. But there may be some other legal issues I am not aware of with regard to being responsible for property in Poland.
Thanks in advance for any help.