Settling joint marital property: can you sell without your spouse's consent?

What is joint marital property and what belongs to it?

Joint marital property (SJM – společné jmění manželů) is created upon marriage and, according to § 708 et seq. of Act No. 89/2012 Coll., generally includes everything either spouse acquires during the marriage, subject to exceptions in the law. If you purchased the property whilst married, it typically forms part of SJM regardless of whose name appears in the Czech Land Registry (Katastr nemovitostí).

It is important to distinguish three situations:

• property in joint marital property – usually purchased during marriage from ordinary income,
• exclusive property of one spouse – for example, property acquired before marriage, as a gift, or by inheritance,
• property after settlement – following settlement of SJM, the result may be joint ownership (podílové spoluvlastnictví) or sole ownership by one of the former spouses.

These distinctions determine whether you may sell alone or need the other spouse's involvement.

When is your spouse's consent mandatory?

Management of joint marital property is governed by § 713 et seq. of the Civil Code (Act No. 89/2012 Coll.). In brief: each spouse can act alone in ordinary matters, but a 'significant matter' requires both spouses' consent. Sale or encumbrance of a property – including mortgage or easement – falls within significant matters.

In practice, this means both spouses must sign the purchase and sale agreement, or the second spouse must give written consent to the sale. It is advisable to have such consent in writing and unambiguous, clearly stating which property and under what terms the consent applies.

Note also the 'family home' rule. Under § 750 of the Civil Code, any legal action concerning the family household or the sale of a flat or house used by the family requires both spouses' consent – even if the property belongs to one spouse alone.

When may you sell alone?

Solo sale is possible mainly in these cases:

• the property is your exclusive property and is not the family home used by the family (§ 750 of the Civil Code),
• spouses have contractually excluded the property from SJM or modified its scope, which the law allows (§ 716 et seq.),
• the joint marital property has already been settled and the property went to you alone,
• you are selling only your share of joint ownership following settlement. The general pre-emption right of co-owners was abolished some years ago and now exists only for six months from the creation of joint ownership, if the share arose by inheritance (§ 1124 of the Civil Code).

The Land Registry entry alone is not decisive. Even if you are registered as the sole owner, if you acquired the property during your marriage, it may still form part of SJM. Before negotiating a sale, check how and when you acquired it. A certified extract from the Czech Land Registry (Katastr nemovitostí) is publicly available.

What is at risk if you sell without consent?

If one spouse acts without the required consent, the contract risks being invalid. Invalidity must typically be challenged by the spouse who withheld consent, within a timeframe set by law (§ 714 of Act No. 89/2012 Coll.). Protection of third parties acting in good faith is limited, so even the buyer has no certainty.

The practical consequences can be unpleasant:

• the buyer may lose the property or pursue a refund,
• the seller may face claims for damages,
• marital dispute deepens and lengthens.

Additionally, ownership passes to the buyer only upon registration with the Czech Land Registry (Katastr nemovitostí) under the Land Registry Act No. 256/2013 Coll. Without a properly signed contract and evidence of the second spouse's consent, registration is unlikely. Reputable buyers will therefore always require both spouses' signatures or explicit consent.

What to do if spouses cannot agree?

If the other spouse refuses to consent or will not communicate, you have several options:

1. Agreement. Spouses may sign a settlement agreement on SJM, specifying who the property goes to or that it will be sold and proceeds divided. If the agreement concerns a property, it must be in writing and takes effect upon registration with the Czech Land Registry (Katastr nemovitostí) (§ 740 et seq. of the Civil Code).
2. Court order on management of joint property. The law contemplates that a court may, in justified cases, decide on managing joint property or substitute the missing consent if the other spouse refuses it without good reason. Consult a solicitor about the specific possibilities and procedure.
3. Dissolution of SJM by the court. For grave reasons, a court may dissolve SJM during marriage (§ 724 et seq. of the Civil Code), and the property is then settled.
4. Settlement after divorce. Following dissolution of SJM, property is divided by agreement or by court order. Shares are typically equal, but the court will consider each spouse's contribution to family care and how each contributed to acquiring and maintaining the property (§ 742 of the Civil Code).

Court proceedings take longer than expected. If possible, it makes sense to attempt a written agreement first, possibly with the help of a mediator or solicitor. Further information is available on the page on selling a property during divorce.

How the sale proceeds when spouses agree

If spouses agree, the rest is normally straightforward. In our property purchase service, we proceed as follows: we send an offer within 24 hours, in writing and without obligation. Signing contracts and paying a deposit typically happen within one to three days. Registration with the Czech Land Registry (Katastr nemovitostí) takes roughly three to four weeks, and the balance is paid within five days of registration from our client account (escrow). Legal services and solicitor's account are provided free of charge, with no charges for repairs or vacant possession.

Payment is electronic. Cash payment is limited to CZK 270,000 per day (Act No. 254/2004 Coll.), so it is not used for property transactions. The acquisition tax on real property was abolished by Act No. 386/2020 Coll. Tax on the proceeds of sale is governed by Act No. 586/1992 Coll. (for example, the holding period and residential use matter); verify your specific situation with the Czech Tax Administration (Finanční správa) or a tax adviser.

For information on how the whole process works, see our frequently asked questions or the about us page. This article is a general explanation of the law and does not substitute for individual legal advice from a solicitor.