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Splitting property in Poland while being married but in separation


jrmax988 3 | 8
25 Jun 2015 #1
Hello, I am a British man and married my Polish wife in 2007. We both reside in the UK and have two children. We separated two years ago and share access to the children. My problem is that we have a property in Poland that we are jointly on the mortgage for, however she is refusing to sell the house and give me my share. Obviously being in the UK it is tricky to force her to do it. Could anyone advise me of a Polish solicitor in Warsaw that deals with these sorts of cases?

Appreciated

John
terri 1 | 1,665
25 Jun 2015 #2
First, try to ascertain the true saleable value of the house, less any outstanding mortgage, less any associated costs. Once you know the figure of 'your' half - maybe you can advise her where to get a mortgage to buy you out.

Even if you do find a solicitor, no one can force her to sell the house.
Your only other option would be for you to immediately stop paying your 'half' of the mortgage payments. If she is saddled with the whole mortgage, maybe she can be persuaded, that if she doesn't keep up the mortgage payments on the house, the bank will take the house and she will get nothing at all.
jon357 63 | 14,663
25 Jun 2015 #3
he bank will take the house and she will get nothing at all.

One issue in this whole thing is that a lady with children is (presumably) registered as living there. This does complicate matters and a specialist solicitor is necessary to advise.

I'll email a friend this evening. He's a 'top' lawyer, not a marital property specialist but he may be able to recommend someone who is.
Pol attorney
13 Jul 2015 #4
Hi! It might be possible to do it, but this will require a decision made by Polish Court. I am a lawyer based in Poland (not in Warsaw), so I would be able to help you with your case.

If you sign up people could contact you through PM


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