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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87777
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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hi, Im married with a polish man that is nationalized american

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hi, I'm married with a polish man that is nationalized american citizen he has some business in Poland assets in some companies as american citizen not polish citizen which are the rights is poland when you divorced the same as USA? 50%?
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.
Hello, my name is Ely. I am here to help you. There may be a slight delay between your follow ups and my replies as I type out a reply. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear.

Just to clarify, are you asking what your rights would be if you were to be divorced in Poland, as opposed to the USA?

Or, if Poland would accept and enforce an American divorce?

This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.
Customer: replied 2 years ago.
mu question is can I get the 50 % from the assets that my husband has in the Polish company if he invested as american citizen?
Expert:  Ely replied 2 years ago.
Veronica,

This depends on a few key questions. Can you please tell me:

-did he invest during the marriage to invest; or
-did he invest before the marriage?

-if he invested during the marriage, where did the money come from?

Thanks in advance.
Customer: replied 2 years ago.
The money came from USA and the company grew an that's why he has the 21% of the assests
Expert:  Ely replied 2 years ago.
Veronica,

Where did the money come from, exactly? Did it come from income earned during the marriage, or was it money that he had before the marriage?

Or was it a gift by family? Friends?

The source and timing of the money that launched this company really matters.

Can you please illuminate? Thank you. Sorry for being so picky, but I need this information to render the answer.
Customer: replied 2 years ago.
No it was money from our work and he was invited to invest to stablish the company the company grew and now the value is more and he has that percentage
Expert:  Ely replied 2 years ago.
Thank you, Veronika.

In Texas, under Tex. Fam. Code Chapter 3, this would be considered community property, because the money that seeded the investment came from a community property source.

Texas is a "Community Property" state, meaning that any community property is split equally, i.e. 50/50. So yes, the Texas divorce decree is then likely to split the Polish assets 50/50, since the Polish assets would be considered marital property.

Then, you would have to register your American decree with Poland to enforce it there (if your ex would not be willing to voluntarily do what the decree states).

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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87777
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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