Legal protection - Purchasing property as an unmarried couple in Poland

Hi guys,

I was hoping to get some advice with regards to buying a property as an unmarried couple in Poland. I'm Irish, she's Polish.

We are going to the Notariusz to sign the papers for the house this week. We are purchasing the house in cash, 50/50. It's a developer state new-build and we will need to spend another zł100k or so to finish it.

We intend to "weather" the rest of the COVID storm in Poland, as the restrictions in Ireland have become unbearable. Her job looks to be gone for the foreseeable future and it makes no sense paying crazy rents in Ireland. We had intended to buy a place in Poland and some stage but COVID moved things forward a bit. I am fortunate enough to only have to work (abroad) a few months of the year.

I hope to stay with this girl for the long term but I am opposed to marriage in principle and have told her I will never marry. I'm a realist and want to be prepared for all eventualities should things go south. If we (touch wood) were to split in future I don't foresee myself staying in Poland. So she would have all to gain by not selling the house and I would have nothing to gain.

Should I ask the Notariusz to prepare some kind of document to outline what should happen in the event of a relationship breakdown? Or am I covered under Polish law because both our names are on the deeds of the house. Is there anything else I should do to protect myself?

Thank you so much in advance.

Summary
Been with polish girl for 3-4 years.
We are not married. I will never marry.
Buying house for cash, 50/50.
How do I protect my investment in case of a breakup?

What guarantee is there that the Polish court will be fair to a foreigner? If you stay with someone for long enough then there is also a Civil partnership angle the court may act upon. In case you get her pregnant then you can forget about court respecting any contract. Maybe someone with legal expertise can explain better.

She will own 50% of the house and she cannot be forced to sell, you will have 50% of a property to sell which of course no one will ever buy.

These were the issues I was worried about. So it seems like 50/50 is the same as it being in her name in this situation. Having second thoughts now. Thanks for your input guys

Ultimately it's the foreigner, especially the man will lose out in the event of a breakup if the other party refuses to co-operate.

That's the way it works in Poland

Eitherway 50/50 is always a bad/high risk deal when it comes to any investment even more so if the investment is a non moveable asset.

Rubbish. He could apply for judicial dissolution of joint ownership and request either sale at a mutually agreed price or a judicially imposed one, or request payment of 50% of the value in cash.

Good luck with that one like everything else judicial here, never mind the rip off legal and translation fees he will be hit with along the way, even native Poles suffer when it comes to the courts, let alone counting in how much time it would take.

@dolnoslask
Yes this is what I fear. I know how quickly legal fees can start to add up.

You guys have given me great answers but it's worse than I thought. I feel sick to my stomach now.

If I want to get a cohabitation agreement drawn up, is the notariusz the right place to do this?

I have not come across this, but he will advise you of what is possible under Polish law, I suggest you discuss your concerns with him on your own, he can usually get you a sworn translator for a small fee to help if you do not speak Polish

I went to the Notariusz today. The translator went through the deed with me. It has us both listed as single and joint owners. I asked what would happen in case of separation. The notariusz said the preferred option would be to either sell or reach a payoff agreement for my share. If neither of these would be possible it would go to court as mentioned above. Still at the whim of the court after that I guess. :(

Like "joint and several" in the U.K.?

One thing you need to know about is the meldunek system. A notariusz wouldn't necessarily explain it unless prompted. If you sell, whatever and someone is registered as living at the address, and that person is a woman or some carer of a child under 18, it's hard if not impossible to make them leave.

This is aside from any ownership issues.

@jon357
Thanks jon. This is starting to seem like a worse and worse idea the more I learn.

Bear in mind that this may nave changed recently, may change in the future and the meldunek system was supposed to have been scrapped several years ago but wasn't. typical of Poland (watertight legislation is not a quality the Polish parliament is known for) regulations for the post-meldunek situation were never discussed.

Again, it's woth mentioning that a meldunek means you're a registered resident and has no impact on the ownershop status. It only gets complicated when there are under 18s involved or more than one person has the right to be registered there.

Would the meldunek have to be approved by both parties? i.e. Could she just move someone in later on and I would be screwed?

This i'm not sure about. The owner needs to register (zameldowac) any resident (including themselves) and takes the document that shows they have legal title (the Akt Notarialny) with them to the council office.The owner can also deregister people, however there are a few cases (like the one mentioned above) which are more complicated.

You'd need to check if someone can do this singly in a case of "single and joint owners".

Ok thanks Jon, I'm going to look into this. Appreciate your input.