Menu
Expat.com

Ownership of flat after marriage

Post new topic

Polterry

I am British and my wife is Polish. We married in the UK 23 years ago. At that time my wife owned a flat in Poland. I was informed that under Polish law after the marriage half of the flat belonged to me. I found this rather amusing as at the time foreigners were not allowed to own property in Poland.

In 2014 we decided to make wills / testaments for all our assets. My wife’s will included a clause leaving the flat to our son. Covid 19 has made look again at our wills.

Under the existing will if my wife dies does all of the flat go directly to my son or do he and I each have one half?

GuestPoster745

Why don't you ask a Polish notary? The Polish law protects foreigners married to a Pole. When we bought a flat in Warsaw, the presence of an interpreter was compulsary: They wanted to make sure I could understand every detail of the contract and follow the procedures.

Polterry

Thanks for quick response. My memory of the framing of the wills is that it was very frustrating, the ideas on how property should be allocated seemed very different from UK. I have some legal knowledge and obviously the law varies from country to country. There was no mention of a compulsory interpreter but then the flat already belonged to my wife.
We are now living in UK and having some difficulty with handling the matter remotely

pawelga

It's not that easy. Only the assets obtained after the marriage belongs to the couple.
On the other side - even if your wife will explicitly exclude you on the will you still can claim "a compulsory portion of inheritance" (zachówek - can't find a good translation, legitime is close).

Polterry

Thanks for the input.

You are contradicting what I was told many years ago. You state only property obtained AFTER marriage becomes joint property. Therefore individual property owned before marriage remains individual.
That appears a sensible arrangement to me and avoids the need of a prenuptial agreement as required in say USA and in the last few years in the UK.
My wife and I are not "fighting" over the will. It is matter of how to simplify the existing wording without contradicting Polish law.

Articles to help you in your expat project in Poland

  • Accommodation in Poland
    Accommodation in Poland

    When planning a long stay in Poland, finding accommodation will be one of your main priorities. Here's a brief ...

  • Long term rental in Poland: How to rent safely
    Long term rental in Poland: How to rent safely

    Poland is a great place to study, do business, or enjoy the country's vibrant culture and lifestyle. Coming to ...

  • Accommodation in Warsaw
    Accommodation in Warsaw

    Looking forward to moving to Warsaw? Find out, in this article, how to find accommodation in Poland's dynamic ...

  • Accommodation in Krakow
    Accommodation in Krakow

    Wondering how to find accommodation in Krakow? Learn about the specifics of the city's rental market in this ...

  • Traveling to Poland with your pet
    Traveling to Poland with your pet

    Moving to Poland with your pet? Find out about the requirements you will need to meet when entering the country ...

  • Phones and Internet in Poland
    Phones and Internet in Poland

    Find, in this article, an overview of the Polish telecommunications market and some tips to help you get ...

  • Driving in Poland
    Driving in Poland

    Are expats allowed to drive in Poland? Can they use their international driver's license? Find out in this ...

  • Healthcare in Poland
    Healthcare in Poland

    Are expatriates eligible for free healthcare in Poland? What are the relating conditions and formalities? Find out ...

All of Poland's guide articles