Divorce and joint marital property (SJM): can you buy your spouse's share without consent?
Published 6 November 2026
You cannot buy your spouse's share in a flat held as joint marital property (SJM) without their consent, because any such purchase requires agreement between both parties. However, if your partner refuses to engage or actively obstructs, you can apply to the court for settlement, which will proceed even without their consent and may award the flat to one of you in exchange for financial compensation. This involves court proceedings, but not necessarily a lengthy dispute if some matters can be resolved by agreement.
Summary
- Purchasing a share requires agreement from both parties; you cannot enforce it unilaterally.
- In joint marital property (SJM), there are no separate shares; these arise only through settlement following termination of the joint property regime (sections 740 onwards of Civil Code no. 89/2012 Coll.).
- If your spouse does not respond, the court will decide on settlement at the request of one party; their silence will not stop the proceedings.
- The court may award the flat to one of you in exchange for financial compensation, or order it to be sold with the proceeds divided.
- An agreement, even if only partial, is almost always faster than court proceedings.
What does 'buying a share' mean in joint marital property
While the joint marital property (SJM) exists, there is no 'share' in the flat as such, so there is nothing to buy. The flat belongs to both spouses jointly and indivisibly, and each of them may only deal with it within the limits of the law.
Joint marital property is regulated by Civil Code no. 89/2012 Coll. from section 708 onwards. It terminates upon termination of the marriage, including by divorce. Only then is the property settled and only through settlement does actual division arise: either the flat goes to one of you, or it becomes common ownership with separate shares, or it is sold. The law assumes that each spouse's share is equal, but takes into account care for the family and who contributed to the property (section 742).
In practice, therefore, you are not dealing with purchasing a share, but rather settlement of the flat, in which one of you pays out the other.
Agreement or court decision: what's the difference
Agreement requires both parties' consent; a court decision replaces it. This is precisely the answer to your question whether it can be done without your partner's consent.
| Aspect | Agreement on settlement | Court decision |
|---|---|---|
| Other spouse's consent | Required | Not required |
| Who determines price and terms | Both of you | The court, usually based on expert valuation |
| Speed | Usually faster | Depends on the complexity of the dispute and court workload |
| Transfer of ownership | By registration in the land registry | According to the final court judgment; for real estate also by registration in the land registry |
Ownership of the flat transfers to the buyer by registration in the Czech Land Registry (katastr nemovitostí) in accordance with the Land Registry Act no. 256/2013 Coll. The Land Registry Office may not decide on the registration earlier than twenty days after notifying the owner; the average registration time is approximately twenty-two days.
When the court decides without the other spouse's consent
The court will decide on settlement if the spouses cannot reach agreement and one of them submits a request. The other party's consent is not required by law for this.
The basis is the provisions on settlement of joint marital property (sections 740 onwards of Civil Code no. 89/2012 Coll.). As regards the flat itself, when terminating and settling common ownership under sections 1140 onwards, the court may award the property to one of the spouses in exchange for compensation if appropriate, or order it to be sold and the proceeds divided. When deciding, the court considers, for example, who lives in the flat, whether it is the home of minor children, and whether the requesting party has realistic means to pay out the other spouse. The decision is therefore not always 'you get the flat'. It may also result in a sale and division of proceeds. There is no guarantee that the court will award the flat specifically to you.
What to do if your partner ignores or obstructs
Your spouse's silence or resistance will not block your progress, but requires a systematic approach. The recommended sequence of steps:
- Write a formal offer. State which flat you wish to take over and under what terms, and propose a deadline for their response. The delivery and any response (or lack of it) will be useful to you later.
- Establish the value of the flat. Have an appraisal or expert valuation prepared and request from your bank the status of any mortgage.
- Try mediation or negotiations through solicitors. Sometimes people do not respond out of fear, not ill will.
- File a request for settlement of joint marital property to the competent court. Your spouse's inactivity will not stop the proceedings; the court can decide based on the evidence it has.
- Propose a specific solution (awarding the flat to you in exchange for compensation, or possibly a sale) and demonstrate that you can afford to pay out the other spouse.
Also note that whilst the marriage subsists, for dealings with significant joint property such as selling the flat, you need the other spouse's consent (section 714 of Civil Code). The flat cannot therefore be 'quietly' sold or transferred to one side during this interim period.
Mortgage, children and other obstacles
Paying out your spouse often depends not only on the flat's price, but on whether the bank will transfer the debt to one of you. A flat encumbered by a mortgage cannot simply be transferred without the lender's agreement.
- Mortgage: If you are both borrowers, the bank must agree to the debt transfer. If not, the debt must be repaid from the sale proceeds. See purchasing a property with a mortgage.
- Minor children: The court takes into account their residence, which may affect who gets the flat.
- Debts and enforcement proceedings: If enforcement proceedings or insolvency are ongoing against one of you, the proceedings become more complicated (Enforcement Code no. 120/2001 Coll., Insolvency Act no. 182/2006 Coll.).
If you do not have sufficient funds to buy the flat, selling the whole property and dividing the proceeds is often a more reasonable solution. Related matters are described on the page selling a property during divorce.
What to do now
Start by preparing documentation and making a written offer to your partner, whether you later proceed by agreement or through court.
- Obtain an extract from the Czech Land Registry (katastr nemovitostí), the purchase agreement or other acquisition document, and any mortgage agreement.
- Document who invested what in the flat and who paid the mortgage instalments.
- Establish the value of the flat and the status of any mortgage.
- Send your partner a written proposal for a solution with a deadline for response.
- Consult with a solicitor about filing a request for settlement with the court.
If it turns out that selling the flat is preferable, you can send us the basic details via the form below this article. We usually prepare a non-binding written offer within twenty-four hours; however, the flat can only be sold with the consent of all owners or after settlement. The procedure is described on the page how it works; answers can also be found in frequently asked questions. For tax implications of the sale under Income Tax Act no. 586/1992 Coll., consult the Tax Authority or a tax adviser; what matters is, for example, the time-of-ownership test and whether the property was your primary residence.