But by your reasoning, a couple could buy twenty rental flats and then when they divorce 25 years later one party assert that the other had no claim to the properties as no use had been made by that person of those properties.
It also depends on when she acquired the flat and when they divorced (from what I'm seeing, they didn't own the flat when he left but she acquired it at a later date).
My reasoning is perfectly ok, thank you.
If I need to spell it out: If he was removed from the deed by way of illegal or underhanded means and 30 years passed from the date of said removal art. 172 par. 2 of the Polish Civil Code protects the sole right of "ownership" of his wife. She can claim that in any court after he files whatever his Polish lawyer draws up for him.
It is a little something they refer to as "zasiedzenie" in Poland, it applies to real estate and based on the very same article a hobo who builds a shack on someone's plot and manages to live there unnoticed and uninterrupted for 30 years could try to claim ownership.
He could theoretically claim there were interruptions of her stay in the flat and that if anything might be able to save him if 30 years indeed passed from the date I mentioned. Also he could theoretically claim that she obtained his removal by way of crime which would, if I correctly understand, make all the fruits of such behaviour unclaimable in civil court ( my lawyer knows this stuff better, sorry ) but the Polish criminal statute of limitations covers her on this end.
I would also like to point out that I am rather well-versed in the "zasiedzenie" related issues, as some of my Jewish friends who tried to reclaim property were blocked exactly by the article and paragraph I just quoted. So unless someone is going to make a properly backed up legal argument please don't tell me I don't know jack in this particular matter.