Does the wife have the right to a flat her husband bought in his name alone?

If the flat was purchased during the marriage from common income, it typically belongs to the common matrimonial property under § 709 of the Civil Code No. 89/2012. The wife then has rights to the flat even if not listed in the Czech Land Registry. § 710 sets out exceptions.

What if the husband bought the flat before marriage?

In that case the flat is typically his sole property. However, if the mortgage was paid during marriage from common funds, the other spouse may have a claim for compensation upon division (§ 742 of the Civil Code No. 89/2012).

Can the husband sell a flat from common property without my consent?

Significant steps involving common property require the consent of the other spouse (§ 713–715 of the Civil Code No. 89/2012). Without it, the transaction may be challengeable, but the actual effect depends on the circumstances and the protection afforded to the purchaser. Legal advice is recommended.

How can I find out who the flat belongs to according to the register?

You can look up an extract from the property register (list vlastnictví) through the Czech Land Registry website. You will see the owner, how it was acquired and any charges. However, information about whether it is common property does not usually appear on the register.

Property purchase by one spouse: does the other have a claim to it?

Published 10 November 2026

If a spouse purchased a flat during marriage, it typically falls into the common matrimonial property (společné jmění manželů) of both spouses, even if registered only in their name in the Czech Land Registry. A flat purchased before marriage or with funds that do not belong to common property is usually their sole property. The law determines ownership, not whose name appears on the purchase agreement.

Summary

Property purchased during marriage typically belongs to the common matrimonial property of both spouses (§ 709 of the Czech Civil Code No. 89/2012), even though only one is the buyer.
Exceptions include a gift, inheritance, property used for the personal needs of one spouse, or purchase with their sole funds (§ 710).
A flat purchased before marriage is the sole property of the purchaser, but joint payments may form a claim for compensation during property division.
Entry in the Czech Land Registry does not change who owns the property under law, but may affect the protection of a third party acquiring from the registered owner.
The first step is to determine the purchase date, marriage date and source of funds, and consider consulting a solicitor specialising in family law.

Who is registered in the Land Registry does not determine who owns the flat

Registration of only one spouse in the Czech Land Registry (katastr nemovitostí) does not mean the other spouse has no rights to the flat.

Ownership of a property arises from its entry in the Czech Land Registry (Cadastral Act No. 256/2013), but whether the property belongs to the common matrimonial property of the spouses is determined by the Civil Code No. 89/2012. The purchase agreement and application for registration are often signed by only one spouse, yet the property may still be common. What matters most is the temporal connection to the marriage and the source of the funds used to purchase the flat.

Purchase during marriage: the flat typically belongs to common matrimonial property

What one spouse acquires during the course of the marriage typically forms the common matrimonial property (common property of spouses) of both.

Under § 709 of the Civil Code No. 89/2012, common matrimonial property includes assets acquired by one or both spouses during the marriage. It does not matter who is listed as the purchaser. A wife may therefore have the same rights to the flat as her husband, even if she does not appear in the agreement.

This has several practical consequences:

on ordinary management of common property, spouses may decide independently; however, for more significant steps, the consent of the other spouse is required (§ 713–715),
the sale or charging of the flat (securing a loan with a mortgage or lien) typically falls among significant steps requiring the consent of the other spouse,
if the common matrimonial property ceases to exist, for example through divorce, the flat is included in the division (§ 740 et seq.) and shares are generally equal; however, the court may consider the care of the family and each spouse's contribution to acquiring the property (§ 742).

When a flat does not belong to common matrimonial property despite being purchased during marriage

Even a flat purchased during marriage may be the sole property of one spouse if that is established by law or by agreement between spouses.

Exceptions are set out in § 710 of the Civil Code No. 89/2012. These include cases where:

the flat was purchased with gifted or inherited funds or other sole property of the purchaser,
the property is used exclusively for the personal needs of one spouse (for a flat this is rather exceptional),
the spouses have an agreement to exclude or modify common matrimonial property (§ 716 et seq.).

In such a case, the buyer would need to prove how the flat was financed. If the source of funds is disputed, documentary evidence is important: bank statements, a gift deed, proof of inheritance.

Purchase before marriage: the flat is typically theirs alone

A flat purchased by a spouse before marriage is their sole property and the other spouse does not automatically acquire ownership rights upon marriage.

Common matrimonial property applies only to assets acquired during the marriage. What either spouse owned before marriage remains theirs alone. Marriage itself does not change this.

However, caution is warranted here:

if the mortgage or other payments for the flat were made during marriage from common income, the other spouse may have a claim for compensation upon division (§ 742(1) of the Civil Code No. 89/2012),
funds jointly invested in renovations may give rise to a similar claim,
the other spouse has the right to use the flat as a family home during the marriage even if not the owner.

Situation	The flat typically belongs to	What the other spouse may have
Purchase during marriage from common income	Common property of both spouses	The same rights to management and upon division
Purchase during marriage from a gift or inheritance	Solely the purchaser	Possibly a claim for compensation if common funds were invested in the flat
Purchase before marriage	Solely the purchaser	A claim for compensation for payments or investments from common property

How to verify and protect your rights in practice

Most important is first to establish the facts and not to sign anything you do not understand.

Check the status in the Czech Land Registry. You can obtain an extract from the property register (list vlastnictví) through the website of the Czech Office for Surveying, Mapping and Cadastre. You will see the owner, the date of entry and any charges or mortgages.
Compare the dates. Check the marriage date (marriage certificate / oddací list) against the date of the purchase agreement and the date of entry in the register.
Establish the source of funds. If possible, seek information on whether it was a mortgage, savings, a gift or the sale of other property.
Refuse to sign anything you do not understand. Consenting to the sale or charging of a flat that is common property is legally significant.
Consult a solicitor. In disputes over the nature of property, you can apply to court with a declaratory action under § 80 of the Code of Civil Procedure No. 99/1963.

Important: if the spouse registered in the register sells the flat without your consent, the invalidity of such an action may be uncertain. Under certain circumstances, a purchaser may be protected by their reliance on the entries in the register (§ 984 of the Civil Code No. 89/2012). The sooner you learn of the situation, the more scope you have to act.

What to do in case of divorce and when selling such a flat

Upon divorce, a flat that is common property is typically divided by agreement or by court order, and when selling, the consent of both spouses must be secured.

If you are divorcing, you can divide the flat by having one spouse buy out the other, or you can sell it and divide the proceeds. We cover this in more detail on our page on property sale during divorce. For further questions, see our frequently asked questions.

If the flat is common property and you wish to sell it through a buyout service, note that the process must involve both spouses. We describe the procedure on our page how property buyout works: an offer arrives within 24 hours, is in writing and non-binding; payment is made electronically through a solicitor's client account.

For tax implications of the sale—for example, the time-holding test and whether you lived in the flat—consult the Czech Tax Administration (Finanční správa) or a tax adviser (Tax Act No. 586/1992).

What to do now

Start by preparing supporting documents and verifying the facts, then decide on your next steps.

prepare your marriage certificate, the purchase agreement (or its date) and a current extract from the Czech Land Registry,
gather documents about the financing of the flat, such as a mortgage agreement and payment statements,
note who uses the flat and whether there is a charge, lien or mortgage on it,
if there is a dispute over ownership, find a solicitor who specialises in family law.

If you wish to sell the flat and would like to know on what terms it might be purchased, fill in the form below the article. You will receive a non-binding offer or assessment from us in writing, without obligation and without pressure to decide.