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Gift of real estate
Gifting a house, flat or plot of land to your children or close persons? We will prepare the deed of gift and, as agreed, also the application for registration of title (vklad) in the land registry (kataster). If it corresponds to the will of the parties, an easement can be established together with the gift, for example a right of lifelong residence and use.
Subject
What you can gift with us
- a flat and non-residential premises,
- a family house and a building,
- a plot of land, garden, garage,
- a co-ownership share in real estate,
- a gift with an easement or a right of lifelong use for the donor,
- a building under construction.
If the property is subject to an encumbrance or a loan, the conditions must be set up in advance — we will go through this at the consultation.
Before signing, we verify the identity of the parties and the state of the property; as with other acts, we generally also check the register of lost and stolen identity documents, bankruptcies and restructurings, the register of enforcement proceedings and sanctions lists.
Procedure
Gifting step by step
Consultation
We will go through your requirements, verify the documents (the title deed (list vlastníctva), documents for recording the property in the land registry, an expert opinion) and agree on the next steps.
Deed of gift
We will draw up the deed of gift, including an easement or a right of lifelong residence if the donor wishes, and hand over to you counterparts of the notarial deed.
Signing
Both the donor and the donee sign the contract at our office; we verify identity on the spot.
Registration in the land registry
On the basis of a power of attorney, we file the application for registration of title in the land registry electronically on behalf of the participants. The land registry then communicates with the notary electronically. The process ends with the decision permitting the registration being sent to the notary's electronic mailbox.
Handover
Once the registration is permitted, ownership passes to the donee.
A right of lifelong residence (easement) established directly in the deed of gift is recorded in the land registry and is effective also against every subsequent owner of the property.
Frequently asked questions
The most frequent questions about this service
I am gifting the house to my children — how do I make sure I can live in it for the rest of my life?
Directly in the deed of gift, an easement can be established for the donor — a right to use the property or part of it for life. This right is recorded in the land registry as an encumbrance on the title deed and is effective also against subsequent owners. Together we will also set the precise conditions of use, for example which rooms the donor uses and how the costs are shared.
My parents gifted me a flat — do I have to pay out my siblings?
The gift itself does not create such an obligation. However, a gift may affect the later inheritance proceedings after the donor (the so-called set-off of gifts). Whether and how this concerns you depends on the specific situation — we will go through it with you at the consultation.
Is a deed of gift easier to challenge than a purchase contract?
Not in itself — the same statutory requirements apply to the validity of a deed of gift as to other contracts, and a deed of gift in the form of a notarial deed is a public deed with greater evidentiary force. The gratuitous nature of a gift, however, brings particularities that a purchase does not have: the donor may, under statutory conditions, demand the return of the gift, the gift may be taken into account in the later inheritance proceedings after the donor (set-off of gifts), and an act that prejudices creditors may, under statutory conditions, be ineffective against them. Whether any of these situations may arise in your case we will go through at the consultation.
Can the donor demand the gift back?
Only in the case determined by law. Under Section 630 of the Civil Code (Občiansky zákonník), the donor may demand the return of the gift if the donee behaves towards the donor or members of the donor's family in a way that grossly violates good morals. It is therefore not an option to simply “change one's mind” about the gift — whether the donee's behaviour reaches such intensity is always assessed individually. We advise both parties of these consequences when drawing up the contract. The return of the gift is decided by a court, not by the donor.
Let's arrange a meeting
Write to us or call — we will agree on an appointment and prepare a list of documents for your matter.
Do not send sensitive documents by ordinary e-mail without prior arrangement with the office.