Must the buyout of a partner's share in a flat be handled in court?

No. If the spouses agree, the settlement of joint marital property is completed by written agreement (§ 740 et seq. of the Civil Code č. 89/2012 Coll.). The court only decides if the spouses cannot reach agreement and one of them applies to the court.

Is an auction necessary when buying a partner's share from an ex-partner?

No. An auction applies to forced sales, for example in enforcement proceedings. With an agreement between ex-spouses, the flat simply passes to one of you in exchange for a financial settlement.

Is there a tax on the acquisition?

The tax on acquisition of real property has been abolished (Act č. 386/2020 Coll.). The specific consequences for income tax should be discussed with the Czech Tax Authority (Finanční správa) or a tax adviser, as it depends on your individual circumstances.

Buying Your Partner's Share in a Flat During Divorce, If You Don't Want to Sell to a Stranger

Q: When will I become the sole owner of the flat?

Only after registration of the transfer with the Czech Land Registry. The cadastral office cannot rule any earlier than twenty days after notifying the owner (Cadastral Act č. 256/2013 Coll.); on average, registration takes approximately twenty-two days.

Q: What if there is a mortgage on the flat?

You will need the bank's consent so that only one of you remains the borrower. The bank will assess whether you can service the debt alone. Without its consent, the other partner will not be released from the obligation.

Published 18 October 2026

If you want to remain in your flat after divorce without selling it to a stranger, you don't have to. Instead, you can reach a written agreement with your ex-partner to settle the joint marital property (SJM — společné jmění manželů): the flat passes to you and you pay the other partner their financial share. Once the agreement is finalised, the transfer is registered with the Czech Land Registry (katastr nemovitostí) through a cadastral entry.

Summary

A flat held in joint marital property (SJM) has no separate individual shares, so the property must first be settled by agreement (§ 740 et seq. of the Civil Code č. 89/2012 Coll.).
If ex-partners agree, no auction or court proceedings are required; the court only becomes involved if you cannot reach agreement.
A real property agreement must be in writing, and ownership transfers only upon registration with the Czech Land Registry.
Fair valuation of the flat, agreed payment terms for the settlement, and potential bank consent (if a mortgage exists) are essential.
If agreement fails or funds are unavailable, alternative solutions exist, including sale to a third party and division of proceeds.

Why It's Not a 'Share Buyout' in the Strict Legal Sense

In everyday language, you might say you want to 'buy your partner's share'. However, the legal position is more precise. A flat acquired by spouses during marriage is typically held in joint marital property (SJM — společné jmění manželů). In this arrangement, there are no separate shares: the property belongs to both partners jointly until the marital property is settled.

Only after the SJM ends — for example, through divorce — is it decided who will own the flat and how much financial compensation the other spouse will receive. The rules for settling marital property are set out in the Civil Code č. 89/2012 Coll., particularly §§ 740 et seq. If you and your ex-partner own the flat as ordinary co-owners (for example, because you purchased it together before marriage), the procedure differs and follows the rules on co-ownership.

This distinction matters mainly because you need to first clarify in what form you hold the flat. You will find this information in an extract from the Czech Land Registry (katastr nemovitostí); it is usually noted there that the owners are spouses in joint marital property.

Step-by-step procedure

Verify the flat's status. Check the land register (katastr nemovitostí) to see who is recorded as owner, whether there is a mortgage (zástava), foreclosure or other restrictions on the property.
Agree on the basic principle. The ex-spouses agree that the flat will pass to you and the other partner will receive a financial settlement.
Have the flat valued. A surveyor's valuation (znalecký posudek) or assessment by an independent expert is recommended to prevent future disputes over price.
Prepare a marital property settlement agreement (dohoda o vypořádání SJM). This sets out the description of the flat, states to whom it will pass, the amount and payment date for the settlement, and addresses any other joint assets or liabilities.
Sign and submit a registration request. The cadastral office (katastrální úřad) will record the change of ownership.
Pay the settlement in the manner you have agreed upon, preferably by bank transfer.

We recommend that a lawyer or notary prepares the agreement. A real property agreement is binding in the long term and errors are difficult to correct.

Settlement agreement between ex-partners versus sale to a third party

The distinction is important. In a sale to a third party, you would find a buyer, arrange viewings, handle the move and the price would be determined by the market. In a settlement between spouses, you do not sell to anyone else and there is no need for an auction. The price is determined by mutual agreement based on the valuation, and both parties accept it.

The court becomes involved only if the spouses cannot agree. It may then decide on the settlement at the request of one of them and, depending on the circumstances, may award the flat to one of the spouses in exchange for compensation, or order its sale. The court route is usually longer, more expensive and less predictable, so agreement makes sense.

An auction applies in a different situation: for example, if a flat must be sold to settle a debt, in which case the opening bid is two-thirds of the expected price (§ 336e of the Civil Procedure Code č. 99/1963 Coll.; rules apply proportionately to enforcement proceedings). This is why it is best to resolve debts promptly.

Price, payment and mortgage

How to determine the settlement

The law does not require that settlement be divided exactly equally. The spouses may agree otherwise, but in a dispute, the court would consider how each partner contributed to the family and to the joint property. An agreement avoids this uncertainty. In the calculation, include any remaining mortgage debt and other joint obligations.

A flat subject to a mortgage

If there is a mortgage on the flat, ask the bank whether it will agree for you alone to remain the borrower. The bank will assess whether you can service the debt alone. Without its consent, the other spouse will not be released from the obligation. If you cannot obtain a loan on your own, alternative solutions are sought, for example refinancing. Detailed information on this situation can be found in the article on purchasing a property with a mortgage or in the case study on a house with a mortgage after divorce.

Payment

Cash payments are limited to CZK 270,000 per day (Act č. 254/2004 Coll.). For larger amounts, payment is therefore made by bank transfer, possibly through lawyer's escrow (advokátní úschova), which protects both parties: funds are released only after registration with the Czech Land Registry.

Land Registry, timescales and taxes

Ownership of the flat transfers only upon registration with the Czech Land Registry (katastr nemovitostí). The cadastral office cannot rule any earlier than twenty days after notifying the owner (Cadastral Act č. 256/2013 Coll.). The average registration takes approximately twenty-two days, so you should expect several weeks.

The tax on acquisition of real property was abolished (Act č. 386/2020 Coll.), so the purchase of a flat will not be subject to this tax. As for income tax (Act č. 586/1992 Coll.), both the settlement and any subsequent sale may be subject to general rules, such as the time-ownership test or use for residential purposes. The specific tax consequences are best clarified with the Czech Tax Authority (Finanční správa) or a tax adviser, as it depends on your individual circumstances.

Also note that the general pre-emptive right of co-owners has been abolished. It applies only for six months from when co-ownership arises, if the share originated from inheritance (§ 1124 of the Civil Code). In a marital property settlement, therefore, you would not usually need to worry about pre-emptive rights.

If agreement fails or you lack funds for the buyout

If agreement cannot be reached or you lack the means to pay the settlement, you have other options. You may try mediation, request extended payment terms with security, or consider selling the property and dividing the proceeds. Such a sale can proceed calmly and at an agreed time, without the pressure of an auction.

If this is relevant to your situation, you will find an overview of the situation and possibilities on the page on property sale during divorce. For a property buyout, the process works as follows: an offer arrives within 24 hours in writing and without obligation; contract signatures and deposit are usually within one to three days. Registration takes roughly three to four weeks and the final payment arrives within five days of registration from lawyer's escrow. The entire process is described on the How it Works page. If you need money quickly, for example to pay the settlement, see the quick solutions page; further answers are in Frequently Asked Questions.

Do not choose any of these solutions under time pressure. Divorce is demanding and a step with such significant implications deserves consultation with a lawyer.