23/04/2026
🏠 Purchase of real estate by spouses and lack of one spouse’s entry in the land and mortgage register
In practice, it often happens that when purchasing real estate, only one of the spouses is entered in the land and mortgage register. The reasons vary – formal, organizational, and sometimes purely technical
👉 It should be emphasized that the land and mortgage register does not always reflect the actual legal status of the property
In such situations, it is possible to assert one’s rights under Article 10 of the Act on Land and Mortgage Registers and Mortgage – i.e. to demand that the content of the register be brought into conformity with the actual legal status
🌍 What if one of the spouses is a foreign national?
As a general rule, acquisition of real estate by a foreigner requires a permit
However, Article 8 of the Act on the Acquisition of Real Estate by Foreigners provides for important exemptions from this requirement, including situations where:
✔ a foreigner acquires real estate jointly with a spouse who is a Polish citizen,
✔ certain residence conditions are met (e.g. permanent residence permit or EU long-term resident status),
✔ the acquisition concerns specific types of real estate or statutorily exempt situations
📌 Takeaway:
Neither the lack of entry in the land register nor the citizenship of one of the spouses alone determines the legal status of the property
In the past month, our law firm has taken on 3 new cases aimed at bringing the content of land and mortgage registers into conformity with the actual legal status ⚖️📑🏠
📩 If you are facing a similar issue, we are here to help.
📲+ 48 502 775 164
👩🏼💻 https://divorceinpoland.com/book-your-consultation-now/
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