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Publication date: 18.02.2025
My name is Marina Novytska, I am a lawyer specializing in the legalization of Ukrainians in Poland (residence card), contract work, including notarizing powers of attorney, and collecting alimony in Poland. My professional journey began as an assistant to a lawyer in the city of Tarnowskie Góry (Silesian Voivodeship), after which I worked as a specialist in the legalization and employment of foreigners at the Polish joint-stock company "CHEMET." Over the two years of providing legal assistance to Ukrainian citizens who left Ukraine due to the war, I gained a deep understanding of the needs and expectations of my clients. I actively consulted and assisted in legalizing their stay and processing documents in Polish institutions and organizations. I know what results my clients are striving for.
Gifting an Apartment in Kyiv to a Daughter Residing in Poland
A married couple of Ukrainian citizens residing in Poland contacted me to ask whether they could gift an apartment in Kyiv, which they had purchased during their marriage, to their daughter, who is also residing in Poland with them. The originals of the ownership documents for the apartment were in Kyiv, and the clients only had copies of these documents. The clients and their daughter do not communicate in Polish.
I reviewed the information provided by the clients, then consulted them on this issue and explained that, according to Ukrainian law, property cannot be transferred if the owner is abroad. The property owner can sign a gift agreement and notarize it where the property is located, i.e., in Kyiv.
Since the clients could not travel to Ukraine, I suggested two solutions:
- Option One: Contact the Ukrainian Consulate in Poland to prepare a power of attorney for the gifting of the property from the nominal owner (the father of the daughter) and a consent statement for the property transfer from the other co-owner (the mother), as the apartment is marital property. The daughter would need to provide a power of attorney for receiving the gift.
- Option Two: Prepare the aforementioned documents and have them notarized by a local Polish notary with the presence of a sworn translator, as the clients do not speak Polish.
The clients chose the second option. As a result, I prepared all the necessary documents, registered the clients for a visit to the notary, and arranged for a sworn translator to be present during the notarization. The notarization took about an hour, and the clients received all three documents.
Case Details
- Client: A married couple of Ukrainian citizens residing in Poland.
- Goal: Gifting an apartment in Kyiv to their daughter residing in Poland.
- Documents: Copies of the ownership documents for the apartment in Kyiv.
- Process: Consultation, power of attorney preparation, notarization.
Outcome
- Solution: Preparation of necessary documents and notarization in Poland.
- Result: The clients were able to complete the apartment gifting process without the need to travel to Ukraine.
Questions and Answers
Question
Can an apartment be gifted if the owner is abroad?
Answer
Yes, the property owner can gift the apartment by signing a gift agreement and notarizing it in the country where the property is located or through a power of attorney issued at the consulate.
Question
How can property gifting be formalized if the clients do not speak Polish?
Answer
If documents are being formalized in Poland, a sworn translator should be involved to perform the translation during the notarization process.
Why Contact a Lawyer?
- Legal Support: Assistance in correctly preparing documents for gifting property.
- Protection of Rights: Ensuring legal compliance for all procedures and documents.
- Time Saving: Quick and effective resolution of the issue without the need to travel to Ukraine.
Legal Support: Comprehensive document preparation and client representation.
International Support: Assistance in matters between Poland and Ukraine.
Document Preparation: Preparation and notarization of all required documents.
Gifting property abroad is a complex but achievable task with proper document preparation and legal support. Thanks to professionalism, the clients were able to resolve their issue successfully without the need to travel to Ukraine.
