The BEST Guide to POLAND
Unanswered  |  Archives 
 
 
User: Guest

Home / Real Estate  % width posts: 11

Assets in Poland from abroad; possible to sell property without my knowledge?


hansen 1 | 2
1 Sep 2010 #1
Hi,

I'm currently married to a polish girl (I'm from Norway).
To make a long story short I'm wondering the following:
- Is it possible for me (as her husband) the get information about her assets in Poland (Bank accounts and/or property)
- If she owns an apartment in Poland, is it possible for her to give it to a relative or sell it without my knowledge?
jeden - | 226
1 Sep 2010 #2
If she owns an apartment in Poland, is it possible for her to give it to a relative or sell it without my knowledge?

according polish law generally yes, without your permission

Is it possible for me (as her husband) the get information about her assets in Poland (Bank accounts and/or property)

if is not your common property imo : NO
plk123 8 | 4,149
1 Sep 2010 #3
- If she owns an apartment in Poland, is it possible for her to give it to a relative or sell it without my knowledge?

definitely possible and highly probable.. i'm guessing you're going or about to go through a divorce.

- Is it possible for me (as her husband) the get information about her assets in Poland (Bank accounts and/or property)

may want to look into hiring a private investigator.. they can get that kind of info, when you may not be able to.

do it fast so she doesn't hide any of it.
OP hansen 1 | 2
1 Sep 2010 #4
may want to look into hiring a private investigator.. they can get that kind of info, when you may not be able to.

That's a good idea. I'll do that.

Thanks for the replies.
Harry
1 Sep 2010 #6
That's a good idea. I'll do that.

You'd do far better to speak to a Polish lawyer.

If she owns an apartment in Poland, is it possible for her to give it to a relative or sell it without my knowledge

There is no simple answer to that question. The general rule is no she can not but it will depend on a number of things, such as: does the apartment have separate property rights or is it just a 'spoldzielcze wlasnosciowe prawo do lokalu'? Is the woman entered into the the land and mortgage register as the owner of the property? What is the marriage arrangement (they may have separate assets, joint assets etc)? Really, you need to speak to a Polish lawyer.
OP hansen 1 | 2
1 Sep 2010 #7
Why don't you just ask her?

During our last fight she said that if we broke up, she would do everything to keep her assets in Poland from beeing included in marital property. I don't know if she already made some arrangements. That's why I asked. I know it was her apartment a couple of years ago.

Really, you need to speak to a Polish lawyer.

I had no idea it was that complicated. I think you're right. I'll start looking for a good lawyer.
jeden - | 226
1 Sep 2010 #8
Harry

There is no simple answer to that question. The general rule is no

you are wrong. she can do it without his permission

Those issuess are simple:

Art. 31. § 1. Z chwilą zawarcia małżeństwa powstaje między małżonkami z mocy ustawy wspólność majątkowa (wspólność ustawowa) obejmująca przedmioty majątkowe nabyte w czasie jej trwania przez oboje małżonków lub przez jednego z nich (majątek wspólny). Przedmioty majątkowe nieobjęte wspólnością ustawową należą do majątku osobistego każdego z małżonków.

KR i O

Art. 36. § 1. Oboje małżonkowie są obowiązani współdziałać w zarządzie majątkiem wspólnym, w szczególności udzielać sobie wzajemnie informacji o stanie majątku wspólnego, o wykonywaniu zarządu majątkiem wspólnym i o zobowiązaniach obciążających majątek wspólny.

So If the apatament is a common proporty you have to permit, But if you didn`t sign a marriage agreement the appartament is her so she can do it with it whatever she wants/

Art. 37. § 1. Zgoda drugiego małżonka jest potrzebna do dokonania:

1) czynności prawnej prowadzącej do zbycia, obciążenia, odpłatnego nabycia nieruchomości lub użytkowania wieczystego, jak również prowadzącej do oddania nieruchomości do używania lub pobierania z niej pożytków,

Harry
1 Sep 2010 #9
I had no idea it was that complicated. I think you're right. I'll start looking for a good lawyer.

I've just had a look and it appears that you are in luck: the Consulate of the Kingdom of Norway in Szczecin (I assume that it is an honourary consulate) has an email address of konsulat@kancelaria-szczecin.pl and kancelaria-szczecin.pl/index.php/en says (in English too) "We are a well established Law Firm in which attorneys at law and legal advisers cooperate together to provide a full scope of legal services in all areas of law which cover criminal, civil, commercial and labour law cases. Legal services provided by our firm include mainly representation of suspects and accused in all stages of criminal and fiscal penal proceedings. Within the civil law area the services rendered include divorce cases and division of spouses' property." I think they may well be the people you need to speak to.
plk123 8 | 4,149
1 Sep 2010 #10
I had no idea it was that complicated. I think you're right. I'll start looking for a good lawyer.

and a PI, FAST!!! she already told you she'll screw you over, better head her off.
Harry
1 Sep 2010 #11
There's probably no need for a PI; if one is needed, the lawyers will a) suggest hiring one and b) recommend a couple based on past experience. Anyway, as a general rule transactions carried out in violation of applicable law are legally ineffective.


Home / Real Estate / Assets in Poland from abroad; possible to sell property without my knowledge?
BoldItalic [quote]
 
To post as Guest, enter a temporary username or login and post as a member.