30 April, 2019

What to do if you invested in foreign property?

In Slovenian case law, one of the most common disputes in the field of unjust enrichment occurs regarding the return of investments in foreign property. The reason for such a dispute is the ending of various forms of partnership in which one of the members invested in the property of another.

This is most often the case with young couples who solve the housing problem by moving into the property of the parents of one of the partners and investing in that property the work and the funds in such a way as to improve the property, upgrade it, restore it, etc.

If later such partnership ends and the partner who invested in the property, moves out, he/she has a restitution claim to reimburse his/her investments, but in accordance with the position of the case-law, only to the extent that, due to his/her investments, the value of the property has increased.

The reimbursement of investments that have increased the value of the property may be invoked by the applicant in a civil litigation before court, whereby it is crucial that the claim is directed against the owner of the property in which he/she invested (most often these are the parents of the partner).

If you are not the owner of the property in which you have invested, as mentioned above, we advise you to consult with legal experts to assist you in reimbursement of your investments.

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