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Legal advice in Hungary

Last activity 22 June 2015 by Evelin Alexa

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GuestPoster109

Dear all,
I'm moving from France to Hungary to live with my Hungarian girlfriend (not married yet). My Hungarian girlfriend do have 2 minor children and wants to keep her own flat being bought with her name and myself I shall buy another big flat so that we can live all 4 together and the flat on my name. The question: what legal protection do I have in case we split either married or not married since she got 2 minor children and flat on my own name ? Many thanks in advance.

Christine

Hi Aures99,

I moved your topic on the Hungary forum.

Marilyn Tassy

If the children are not yours then it gets even more complicated.
if a property is not in your name but you can prove you have a relationship, that may or may not give you half the property.
Children automatically get half of any property in Hungary and surviving spouse gets the other half.
If there is a document written out by a lawyer, that makes things more clear.
Say for example in my case. I have been legally married to my HU husband for over 40 years time.
The flat we live in was purchased in his name only. If (God forbid) he passes away I have legal rights to stay in the flat for the rest of my life since I am registered here with my address card.
If I wish to sell it off, my son has to agree even though he never put a penny into the flat and doesn't live in Hungary, he is a HU citizen though.
He gets half the flat, I the other unless my husband gets more paperwork drawn up to put it in my name only.
There is no community property like we had in Calif.
If  both of us should die, my husbands loser relations could even put a claim out for half the flat.
You should really get professional legal advice.
From my very limited understanding if the kids live in your flat and your GF should pass on, they can get half your flat because it is their residence.Really crazy laws here, get some legal aid from a pro.

GuestPoster109

Many thanks Marilyn and very much appreciated. You opened my eyes and I'm going to get legal professional advices.

Marilyn Tassy

That is your best way to go, get a pro and a contract.
My husband just mentioned that if a person has minor children and or are seniors or disabled it is close to impossible to get them out of your flat. Even if you rent to someone and they don't pay up, hard to collect money and get them out.
You might think about just renting a large flat for awhile in the mean time, no need to buy unless you plan on staying in HU long term.
We bought our flat 10 years ago and wish we had rented instead.
Have actually lost money on the deal plus we are not crazy in love with any of the neighbors, much easier to move around if you just rent. Good luck.

GuestPoster109

Your new feedback is adding more help Marilyn and thanks to you and your husband. I lived in France for almost 40 years and when being divorced I decided to move to Hungary and live with my new Hungarian girlfriend.
My girlfriend do have her own flat and wants to keep it with her name and I have no shares in it which is fine.
I have decided to buy a large flat in Budapest on my name and live with my girlfriend and her 2 minor children. The risk I now have could be to lose all if something go wrong. I will also be unable to put my GF + 2 minor kids out. So, it is so complicated and  I need a signed contract from a pro lawyer otherwise I just rent or not move to this new flat and re-sell it / rent it. As you can see Marilyn the risks are too high for myself and zero to my GF even she is not putting 1 cent in the new flat. Again many thanks and much appreciated.

Marilyn Tassy

I wish you well seems you already know there are risks.
The rules and laws in Hungary are so different then anywhere we have ever lived so we are not the best at giving exact advice.
My husband reads allot of news in Hungary and is always telling me some sort of horror story about legal issues.
We just leave our flat empty whenever we travel, don't want to rent it out  and be surprised when we can't get rid of the tenants.
France sounds like allot more fun to me then HU but then again I suppose it is more expensive to live in France.
We actually had to draw up a legal contract with a lawyer when we were helping my MIL before she passed away.
She wanted to give my husband half her property on her death and write one of her sons out.
We had to open up a bank account in her name and deposit money every month towards her care. We did this for years even when we returned to the US. She was sweet and never touched a dime of that account and we got it all back later when she died.
Legal advice is best because even good relationships can turn bad and then all the resentments will come to light.
Sad, but true.
Our son was married in HU to another HU citizen, spent years sending her money here in HU back and forth, supported her and he worked in the US. She came to the US and all heck broke loose, she went wild dating behind my son's back while he was at work, stealing his car, changing the locks on his flat and stealing his passport etc. been through witnessing good and bad in relationships and know it is best to watch your own back because once the love is gone, it's gone.
It would kill you to get kicked out of your own home and have a new man move in. Like I said, heard some wild tales here.

fluffy2560

Marilyn is right about the difficuties getting people out. We're in a similar position from the opposite perspective. We have little kids and live in a rented apartment (even though we do actually own a house, we don't actually live there as it's being rebuilt slowly as our finances allow). Our landlord and his wife are getting divorced and now they are fighting over property and the rent.   

Our (Hungarian) lawyer says there's no chance of them getting us out just because of the kids.  We were worried about being evicted before we leave of our own accord. Basically the owner cannot do it. So we're able to take our time. We always pay our rent on time and our contract has no time limit. He could in theory give 2 months notice to us but we could just ignore him, not pay and we'd still be able to stay here.  It's all a bit of a moot point as we intend to move out anyway when our house is finished next year. As I said, we checked with the lawyer and it's no problem.  Obviously you are in an opposing position but still useful to know.

Generally I agree with Marilyn, rent an apartment to see how it goes.  And don't burn your bridges back home in France. Keep an apartment there. If it doesn't work out, you can always go back and not be priced out of the market.

Sebastien Hidreau

You can ask Hungarian lawyer Dr Norbert Sarrang email : norbert.sarrang@avocat.hu
(Il parle francais)
Cordialement,
Sebastien

GuestPoster109

Merci infiniment Sebastien et vous souhaite une bonne semaine.

Priscilla

@ Sebastien Hidreau > Please recommend this lawyer in our business directory > https://www.expat.com/en/business/europe/hungary/

It might help all members to find his contact details.

---------------------------

@ Aures99 > Please post in english only on this english speaking forum.

Thanks

Priscilla  :cheers:

reynoldsapples

This is not a simple  answer. You need to speak to a lawyer.

A Budapest lawyer is more expensive  than a out of town
one ...       

If you want an out of town one.
you must contact me separately...

Evelin Alexa

The best way is to go with your girlfriend to a law office and get consulting. After that you guys can decide whether you need a contract before getting married or there are other ways. Consulting fees usually cheaper than drafting a contract.
You can contact a Hungarian lawyer who speaks English. Dr. Dukkon Zsolt (email: dukkon.zsolt@dukkon.hu)

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