Post by wolfhound100 on Sept 14, 2015 13:03:55 GMT 1
My husband and I are getting divorced and as part of the settlement I am taking back ownership of an apartment I bought through the company route. However, my husband is also a director of the company and I wondered if anybody knows whether he will have to go to Croatia to get himself removed as a company director or whether he can do it from this country? Does anybody know how we go about doing this and roughly how much it might cost? Any advice would be much appreciated. Thank you for reading.
ownership and directorship are 2 different things.
If he owns part of the company, he will need to transfer his ownership to you. This will require the services of a notary, and possibly a visit to Croatia. I'll be very interested to hear if it later attracts any tax?
For the directorship part, he will need to resign his directorship. Again, you will need to ask a notary for advice and to draw up the document that your husband would sign to resign, but I suspect this will be much easier that dealing with a transfer of ownership, and can probably be done without visiting Croatia.
You will need to buy the half (presumably it's 50-50) from the other owner. For practical purposes, this will require a lawyer to draw up the mass of papers to be signed. The seller will have to pay PDV on any amount the local tax office decrees had been added in value since the half share was purchased. Your lawyer will call a meeting with your chosen notary to enable numerous papers to be signed with the notary acting as witness (hence it is almost a certainty that both parties must be there). As non-Croatians, your lawyer must also secure the services of a court translator to ensure you know what's going on, no matter how good your Croatian is. It is a tortuous affair to do it yourself, my advice = don't try. Expect to pay about €800 + PDV for the transfer plus any PDV the seller must pay.
I did this about 3 years ago (not the divorce bit) and this is my experience. HTH