Land registry and family home protective rules

Land Registry and the family home protective rules

Is there any restriction imposed by a mandatory provision protecting the family home in your national law?

No, it is not. According to Polish Civil Law or Family Law there are not any restriction imposed by a mandatory provision protecting the family home in terms of contract of sales

Is there any other restriction or mandatory provision in the field of family law related to immovable property that should be taken into account?

According to article 31 Family and Guardianship Code real properties, real estate amongst them, which are not the subject of statutory matrimonial common regime belong to personal property of each spouses, and amongst other these are the property objects acquired by inheritance, subscription or gift, unless the deceased or donor decided otherwise.

Would any of your answers to these questions be different if dealing with a registered partnership, rather than a matrimonial property regime?

In Poland there is not a registered partnership

Practical case

Pietro had inherited a house from his parents’ succession. He is registered in the land book as sole owner. After that, he marries Sofía and they establish their family home at that house, where they live with their two little children.

Now, Pietro has received a very interesting offer for the house from an Investing company called Paradise Rooms SA, so he decides to sell it. Pietro and the representative director of the company have signed the purchase contract before the notary and have sent it to the Land Registry to register the new owner.

Would this contract be registered, assuming all the formal requirements are accomplished?

Yes, it would be registered according to Polish law.