Home/Services/Spouses' property
Spouses' property
During the marriage, spouses may modify the statutory scope or the administration of the community property of spouses (BSM) by an agreement in the form of a notarial deed. Once the community property has ceased to exist, they may settle it by agreement; the required form and the effects depend above all on whether the agreement covers real property.
What this service means
Community property of spouses (BSM)
By operation of law, spouses create joint property — the community property of spouses (BSM). Two different types of agreement may come into consideration in this respect, and they are governed by different rules:
Agreement on the scope of the community property during the marriage
During the marriage, spouses may by agreement extend or narrow the scope of the community property determined by law, agree on the administration of the joint property, or reserve the creation of the community property until the date on which the marriage ceases to exist. An agreement under Section 143a of the Civil Code (Občiansky zákonník) must take the form of a notarial deed. By itself, however, it does not retroactively change the ownership of an asset that has already been acquired into the community property; the effects of a particular agreement must be assessed according to its content and the time it was concluded.
Agreement on the settlement of the community property after it has ceased to exist
Joint property may be settled only after the community property has ceased to exist (typically after a divorce) — who keeps the flat, the car or the savings and who takes over the loan.
An important distinction. An agreement on the settlement after the community property has ceased to exist need not, as a general rule, take the form of a notarial deed; if it concerns real property, it must be in writing and the ownership right changes upon registration of title (vklad) in the land registry (kataster). A notarial deed is one possible form of a public deed, not an automatic condition of validity of every settlement agreement.
In the settlement, the shares of the spouses are in principle equal, but the law makes it possible to take into account, for example, contributions to the joint property, care for the family and the children or merit in acquiring the property — it is therefore not automatically a “half and half” division. In this the notary is impartial and does not represent one spouse against the other; if the parties are unable to reach an agreement, the solution is the court.
Procedure
How it usually proceeds
Consultation. You tell us what you wish to modify or divide; we explain the options and the principles.
Drawing up the agreement in the agreed form (where the scope of the community property is being modified, obligatorily by a notarial deed).
Signature in the presence of the notary.
In the case of real property the agreement serves as the basis for registration in the land registry.
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.