Division of property and cross-border marriage

Currently, our world is increasingly globalized and the process is constantly evolving. This is noticeable in every aspect of life, including cross-border marriages. Nowadays, we often encounter a situation in which marriage is entered into by people from different corners of the world. Of course, as in any marriage, the fate of the parties may turn out differently, resulting in divorce and the need to divide joint property. In this article we will try to introduce you to the most important issues related to the issue of property division. 

It should be pointed out that property matters according to Article 51 of the Private International Law are governed by each spouses’ common domestic law, and in the absence of a common domestic law, the law of the country in which both spouses are domiciled shall apply, and in the absence of domicile in the same state – the law of the state where both spouses have their habitual residence. If the spouses are not habitually resident in the same state, the law of the state with which the spouses are otherwise most closely connected together shall apply.

 

 

Thus, in a situation where the spouses neither have a common law nor have made a choice of law, the question of distribution of joint property will depend on the place of common residence. Thus, if the parties have a common residence in Poland, the division of property will be handled by a Polish court, while if their place is abroad, the competent court for the division of property will be a foreign court. 

What is very interesting, recently the Supreme Court in a resolution dated March 24, 2022 issued III CZP 48/22 ruled that the sanction of invalidity provided for in Article 6(1) of the Law of March 24, 1920 on the Acquisition of Real Estate by Foreigners (unified text: Journal of Laws of 2017, item 2278) does not apply to the acquisition of real estate on the basis of a final decision on the division of joint property after the cessation of the community of property between spouses. This means, therefore, that a foreigner can acquire real estate in Poland as part of a court-ordered division of property without having to obtain permission from the Minister in this regard. 

 

If you need assistance with the division of property you are cordially invited to contact with attorney Katarzyna, who will answer all your questions, as well as assist you throughout the procedure:

Phone: +48 502 775 164

Email: k.lewicka@lzw-law.com