Partner bought the flat in his name alone: do I have rights to it in divorce?
Published 12 November 2026
If you were married and your partner bought a flat during the marriage using funds that were not exclusively his own, the flat typically forms part of your joint marital property (SJM – společné jmění manželů), even though only his name appears in the Czech Land Registry (katastr nemovitostí). If he acquired it before marriage, by gift or inheritance, or if a prenuptial agreement provides otherwise, the flat is his alone and you have at most a claim for compensation of your contribution. What matters is the type of ownership, not whose name is on the purchase contract.
Summary
- Your name in the land register does not determine who owns the flat; what matters is whether you were married, when it was purchased, and what funds were used.
- A flat purchased during marriage from ordinary income typically forms part of your joint marital property under §§ 708 and 709 of the Czech Civil Code No. 89/2012.
- A flat acquired by inheritance, as a gift, before marriage, or reserved by prenuptial agreement is the exclusive property of one spouse.
- Unmarried partners have no joint marital property; the matter is resolved by agreement or return of contributions paid.
- Sale of a flat from joint marital property typically requires the consent of both spouses.
What matters is whether you were married, when the flat was purchased, and what funds were used
Whether you have rights to the flat depends not on who signed the purchase contract, but on the property regime between you. The Czech Civil Code No. 89/2012 Sb. distinguishes three basic situations.
- Joint marital property (SJM – společné jmění manželů) – arises on entering into marriage and includes all property acquired by either spouse during the marriage (§§ 708 and 709).
- Exclusive ownership of one spouse – for example property acquired by gift or inheritance, property for personal use, or property owned before marriage (§ 709).
- Unmarried cohabitation – joint marital property does not arise; each person owns what they acquired themselves.
Registration in the Czech Land Registry (katastr nemovitostí) alone does not exclude the other spouse from joint marital property. It merely records who is registered as owner.
Flat purchased during marriage: typically forms part of joint marital property
When your partner bought a flat during the marriage from income or savings acquired during the marriage, the flat typically forms part of joint marital property, even if they bought it without you and registered it in their name alone.
The law does not require the other spouse to contribute to the acquisition. Joint marital property arises by operation of law (§§ 708, 709).
Example: A married couple has been together for four years. One spouse buys a flat from savings accumulated during the marriage and registers it in their name alone. On divorce, the flat is treated as joint marital property because it was acquired during the marriage from funds belonging to the joint estate.
Joint marital property terminates on termination of the marriage and is subsequently divided. If you cannot agree, the court may decide on division (§§ 740 et seq. of the Czech Civil Code). Division is based on equal shares, but the court may consider care of the family, needs of minor children, and how each spouse cared for the common property (§§ 741 and 742).
When the flat is his alone: exclusive property and prenuptial agreements
The flat remains the exclusive property of your partner if they acquired it before marriage, by gift or inheritance, from other exclusive property, or if a prenuptial agreement provides otherwise.
- Purchase before marriage. The flat is exclusive if it was not subsequently transferred into joint marital property.
- Money from inheritance or gift. A flat paid for entirely from these is typically exclusive (§ 709). However, you must be able to prove the source of the funds, for example through bank statements.
- Prenuptial agreement. Spouses may agree on a different regime, for example to limit joint marital property or to reserve certain property for one spouse (§§ 716 et seq.). If you have entered into such an agreement, division is governed by its terms.
Even with exclusive property, you may not be left with nothing. If you contributed money or work from joint marital property, for example by paying the mortgage from joint income or financing renovations, you may have a claim for compensation on division. The amount must be proved and assessed according to the circumstances of each case.
Unmarried partner: joint marital property does not exist
If you are not married, you have no legal claim to a flat registered in your partner's name, only a claim based on agreement or your own payments.
On the breakup of an unmarried couple, the general rules of the Czech Civil Code apply. If, for example, you paid part of the purchase price or mortgage payments, you can claim repayment of those amounts. Written evidence is essential: contract, payment confirmations, bank statements. It is advisable to have such a situation assessed by a lawyer.
How to find out the status of your flat and what about selling
First verify the actual position: when the flat was purchased, what funds were used, and whether there is a prenuptial agreement.
- Request a copy of the purchase contract and find out when the flat was acquired.
- Check the Czech Land Registry (katastr nemovitostí) and verify who is registered as owner and whether there are any mortgages or other encumbrances.
- Find evidence of how the price was paid: bank statements, mortgage contract, documents on gift or inheritance.
- Find out whether a prenuptial agreement or other property agreement exists.
- Do not sign anything until it is clear who owns the flat.
To dispose of significant property from joint marital property, the consent of both spouses is required (§ 714 of the Czech Civil Code). Moreover, ownership rights only change on registration in the Czech Land Registry (katastr nemovitostí) under the Cadastral Act No. 256/2013 Sb. If you decide during divorce to sell the flat and divide the proceeds, find more on the page Sale of property in divorce.
When there is a mortgage on the flat
A mortgage does not prevent resolution, but must be taken into account on division and when selling.
If the flat is pledged to a bank, the debt must be resolved before transfer, typically by payment from the sale proceeds. Debts incurred during marriage may also affect division of joint marital property. Find the procedure on the page Buying out a property with a mortgage, a realistic course in the case study Family home with a mortgage: divorce and inability to pay.
What to do now
First collect the documents and clarify whether the flat is part of joint marital property; only then deal with sale or division.
- Prepare your marriage certificate, purchase contract, land register extract and evidence of payment of the price.
- Check whether a prenuptial agreement exists.
- In case of dispute, contact a lawyer or notary, or apply to the court for division.
- If you are considering sale, read how property purchase works, and further answers are among frequently asked questions.
We typically prepare a non-binding written offer within 24 hours. The purchase price is paid electronically from lawyer's escrow and complete legal services are included, free of charge. You can obtain an offer or assessment of your situation via the form below the article; nothing commits you.