Cross-Border Divorce & Inheritance in Poland: What Foreign Citizens Need to Know

Navigating Polish family and inheritance law as an expat or foreign investor can feel like a bureaucratic maze. Whether you are dealing with a international divorce or inheriting real estate in Poland, EU regulations play a critical role in determining which country’s laws apply—and where your case will be heard.

Here is a quick breakdown of how cross-border divorce and inheritance work under Polish and EU law.

1. Cross-Border Divorce in Poland (EU Regulations)

If you or your spouse are foreign citizens living in Poland, or Polish citizens living abroad, you do not automatically have to divorce in your home country.

Under the EU Brussels IIb Regulation (and Rome III Regulation for applicable law), jurisdiction and applicable law are determined by specific criteria rather than citizenship alone.

• Which court has jurisdiction? Generally, the courts of the EU Member State where the spouses are habitually resident have jurisdiction. If you both live in Wrocław, Warsaw, or Kraków, Polish courts can handle your divorce even if neither of you holds a Polish passport.

• Which country's law applies? Divorcing in a Polish court doesn't always mean applying Polish law. Spouses can often choose the governing law (e.g., the law of their nationality), provided it complies with EU regulations.

• Property Division: Dividing marital assets across borders requires careful planning under the EU Matrimonial Property Regulation, especially when real estate or corporate shares in multiple countries are involved.

2. Inheritance of Property in Poland by Foreign Heirs

Inheriting an apartment, house, or land in Poland as a foreign heir involves two main legal layers: EU inheritance law and Polish property regulations.

• The EU Succession Regulation (No 650/2012): By default, the law applicable to the entire succession is the law of the country where the deceased had their habitual residence at the time of death. However, a person can explicitly choose the law of their nationality in a will (Professio Juris).

• European Certificate of Succession (ECS): If the deceased lived in another EU country but left property in Poland, an ECS issued in that EU state allows foreign heirs to prove their legal rights directly before Polish banks, land registries (Księgi Wieczyste), and courts without restarting the probate process from scratch in Poland.

• Ministry Permit for Real Estate (Crucial Step): Under Polish law, non-EU/EEA citizens inheriting real estate in Poland might require a special permit from the Polish Ministry of the Interior and Administration (MSWiA)—unless they inherit by statutory law (without a will) as close relatives.

Need Legal Guidance?

Cross-border legal matters require a strategy that protects your assets both in Poland and abroad.

If you need clear, English-speaking legal counsel regarding family law, divorce proceedings, or property inheritance in Poland, book a consultation today to discuss your case.