Problem with the parents
September 6, 2009 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Hello,
I am 24 years old, have been living in Germany for about 5 years now, before that I lived with my parents in Poland (I have German citizenship). My parents still live in Poland, we have no contact with each other, and I have not received any financial support from them during the time I have been in Germany. They refused to support me in any way. Now that I have finished my education and have a part-time job, I am burdened with a mountain of debt (student loans) that I have to repay. One of the reasons I left Poland was because I wanted to return to Germany (I lived here as a child), and the other reason was that my parents have physically and emotionally abused me throughout my life. When I left Poland, I was a co-owner of a property there (unfortunately, I have no proof of this). Do I still have a right to claim my share of it now? I would like for them to pay me my share and keep the property. They have a house and an auto repair shop there. What about financial support? I was already 19 when I moved out, but don't parents have a responsibility to support their children until they turn 25?
I just want what is rightfully mine, nothing more and nothing less.
What would be the best course of action now? I was thinking of having a lawyer send them a letter to try to reach an agreement, maybe that would be enough.
I am living here now, happy, and I do not want to have a big fight, but rather find a peaceful solution. I must also mention that I am still afraid of my parents.
Does it make sense? Who could help me draft such a letter?
I would appreciate a thorough response.
Kind regards,
PK
Dear advice seeker,
Thank you once again for your inquiry!
Below, I would like to address your question taking into account the description of your situation:
If the property in Poland officially belonged to you, then it is very likely that it still does today. Therefore, if you know where the property is located (town, street, etc.), you should inquire at the relevant land registry office in Poland and request an extract from the land register. There, it will be specified exactly who the owner is.
Since the property is obviously located in Poland, Polish law will apply. Unfortunately, I am not familiar with Polish law, so it cannot be conclusively assessed from here whether you can demand a payment from your parents, i.e., buy out the property. Under German law, you would not be able to do this, but as a co-owner, you could request the auctioning of the property and the subsequent division of the proceeds among the owners.
In principle, your parents are still obligated to support you. However, a definitive clarification of this issue is not possible within the scope of an initial consultation, as the complete situation (especially the parents' income, your own income, etc.) must be known.
I would be happy to assist you in clarifying these questions and in asserting your claims against your parents, should you wish to engage my services separately.
As mentioned, you should also carry out an inspection of the Polish land register. You do not necessarily need a lawyer for this.
I hope I have provided you with a first legal orientation and wish you success and all the best!
Finally, I would like to draw your attention to the following:
The legal advice I have provided is based solely on the information you have provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive examination of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.
I hope my explanations have been helpful to you. Feel free to contact me via my email address or the follow-up option.
Wishing you a pleasant Sunday afternoon!
Kind regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/3088316
