Can the executor seize a property I bought whilst in personal execution?

Yes, the executor can seize it. The property is part of your estate, and therefore the executor may seize it for sale under the Enforcement Code No. 120/2001 Coll. and the Code of Civil Procedure No. 99/1963 Coll.

Can I get a mortgage if I'm in personal execution?

It is usually very difficult, because banks consider personal execution a significant risk. However, the decision is always up to the individual bank.

When do I become owner of the purchased property?

Upon registration in the Czech Land Registry (katastr nemovitostí). The land registry office must not decide before 20 days have passed since the owner was notified (Land Registry Act No. 256/2013 Coll.).

Can I sell a house that has enforcement proceedings on it?

Yes, but debts must be addressed with the executor and creditor claims are usually settled from the purchase price. This is safely handled through lawyer's escrow (právní úschova).

Do I pay income tax on the proceeds from the sale?

It depends on the holding period test and whether you lived in the property. Details are regulated by the Income Tax Act No. 586/1992 Coll., so please contact the Tax Office or a tax advisor.

Can I buy property if I'm facing personal execution?

Published 12 November 2026

Yes, you can purchase property whilst in personal execution, as no law directly forbids it. However, any newly acquired property becomes part of your estate and can be seized by the executor. Buy only with careful consideration and legal advice; selling your own property in execution is a different matter.

Summary

Property purchase during personal execution is not prohibited, but the acquired property may be used to settle debts.
You become the owner upon registration in the Czech Land Registry (katastr nemovitostí), not by signing the contract.
Cash payment is limited to 270,000 CZK per day; lawyer's escrow (právní úschova) is safer.
When selling your own house during personal execution, the proceeds first go towards settling creditor claims, with the executor's knowledge.
Early negotiation gives you more options than waiting for forced auction.

Can a person in personal execution buy property?

You may, because personal execution itself does not deprive a person of the capacity to conclude purchase contracts. The Civil Code (No. 89/2012 Coll.) restricts legal transactions only for persons with limited legal capacity, not for debtors.

The practical obstacles lie elsewhere. Banks typically will not provide a mortgage to a debtor in personal execution, so purchase is usually possible only from personal savings. You must also ask where the money comes from: if execution is being conducted via salary deductions or assignment of a bank account claim, part of your income does not belong entirely to you.

The main question therefore is whether the new property will actually remain yours. This is covered in the next section.

What happens to purchased property

Purchased property becomes the asset of the debtor and thus a possible subject of enforcement. The Enforcement Code (No. 120/2001 Coll.) allows the executor to seize even property that the debtor acquires during the course of the enforcement proceedings.

The executor may issue an order for the sale of the property, and a note of enforcement will appear in the Czech Land Registry (katastr nemovitostí) (§ 69 of the Enforcement Code and related provisions of the Code of Civil Procedure No. 99/1963 Coll., § 335 et seq.).
From that point on, you cannot freely dispose of the property—you cannot gift it, pledge it, or sell it without regard to the enforcement.
The property may end up at a forced public auction. The minimum opening bid is two-thirds of the estimated value (§ 336e of the Code of Civil Procedure, applied analogously to enforcement proceedings).

Purchasing with funds used to settle debts may only change the form of the asset, which creditors will then use anyway. If you are acquiring the property for your family, consider with a lawyer whether another family member could purchase it from their own funds. However, transferring property merely to avoid creditors may be challengeable as legally ineffective (§ 589 et seq. of the Civil Code), so plan nothing without legal review.

When you become owner and how to pay

Ownership of the property passes upon registration in the Czech Land Registry (katastr nemovitostí), not by signing the contract. The land registry office (katastrální úřad) must not decide before 20 days have passed since the owner was notified (Land Registry Act No. 256/2013 Coll.); the average registration time is roughly 22 days.

Cash payment is limited to 270,000 CZK per day (Act No. 254/2004 Coll.). When buying a house, this is practically impossible, so payment is made by bank transfer, preferably via lawyer's escrow (právní úschova). In escrow, the money is held until registration is completed.

For a person in personal execution, escrow is useful for one more reason: it clearly shows both the source and the path of the funds. Real Estate Acquisition Tax was abolished (Act No. 386/2020 Coll.), so the buyer does not pay it.

When selling your own house in personal execution

A house in personal execution can be sold, but the proceeds from the sale first serve to settle creditor claims. Many people seek a private sale precisely because they wish to resolve their debts before the property goes to forced public auction.

Obtain an extract from the Czech Land Registry (katastr nemovitostí) to see what enforcement orders, mortgages and notes bind the property.
Confirm with the executor the debt amount including costs and the process for releasing the property.
The purchase price is placed in lawyer's escrow (právní úschova), from which creditors are paid.
After registration in the Czech Land Registry and removal of the notes, any remainder of the price is paid to you from the escrow.

Selling in breach of the enforcement order without notifying the executor could expose both you and the buyer to legal problems. Therefore it makes sense to proceed openly and with a lawyer. Learn more about debts bound to property on the page property purchase with mortgage or debt.

What you must not do and what to avoid

The most risky is concealing assets, selling to acquaintances below market price, or accepting cash outside of the escrow account.

Action	Why it is problematic
Transfer to a relative without payment	May be challenged as an act defrauding creditors (§ 589 of the Civil Code).
Cash payment above the limit	Breaches Act No. 254/2004 Coll.
Concealing enforcement from the buyer	The enforcement is visible in the Czech Land Registry and the contract will be complicated.
Waiting for forced auction	The property may be sold at a price you cannot influence.

If the debt is too high, there is also the path of debt relief under the Insolvency Act No. 182/2006 Coll. Its impact on your property is fundamental, so address it with an insolvency administrator or a lawyer.

What to do now

First, clarify whether you are buying or selling the property, and get an overview of the debts.

Prepare an extract from the Czech Land Registry (katastr nemovitostí), copies of enforcement orders, and contact details for the executor.
Request from the executor a current calculation of the debt amount.
Do not pay in cash and do not sign anything without legal review.
If forced auction is already scheduled, time is critical, see rapid sales before forced auction.

The process of private sale is described on the page how it works. You can receive a non-binding written offer within 24 hours or an assessment of your situation via the form below the article. The decision is always yours.