Managing Ordinary and Extraordinary Matters in Marital Property Regimes
For non-routine matters concerning the joint property of spouses under Czech legislation, the consent of both spouses is generally required, while routine matters can be handled by each spouse individually. Significant decisions include, for example, the sale of real estate, major investments, or assuming a substantial liability. The article explains the consequences of acting without consent, the possibility of invoking invalidity, and the replacement of consent by a court.
Key takeaways
- Routine matters are handled by each spouse individually. The law requires the consent of the other spouse only for matters concerning the community property that cannot be considered routine.
- Non-routine actions require consent. This typically involves the sale or purchase of real estate, significant investments, or the assumption of a substantial obligation.
- Actions taken without consent may be challenged. The neglected spouse may invoke the invalidity of such an action.
- A refused consent may be replaced by a court. If a spouse refuses consent without a serious reason and contrary to the interests of the spouses or the family, the court shall decide.
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Which matters of the joint property of spouses are considered ordinary
The assets within the joint property of spouses are used, managed, and administered by both spouses, or by one of them according to their agreement. In ordinary matters, such as routine property management and expenses for the running of the family household, each spouse may act independently. Under Czech legislation, the consent of the other spouse is only required for matters that cannot be considered ordinary.
Extraordinary matters concerning the joint property of spouses
On the other hand, extraordinary matters include decisions and activities that have a fundamental impact on the joint property of spouses or a part thereof, i.e., disposing of assets belonging to the joint property or assuming liabilities. For these matters, the consent of both spouses is required. This includes, for example, the sale or purchase of real estate, significant financial investments, or the assumption of a liability by one of the spouses (e.g., entering into a loan or credit agreement, etc.) that could significantly affect the spouses' property.
Why it is important to distinguish between them
Distinguishing between ordinary and extraordinary matters has significant legal consequences. While in ordinary matters each spouse can act independently, in extraordinary matters the consent of both spouses is essential. In the event that consent was not given, or a spouse acted despite the disagreement of the other spouse, the latter may invoke the invalidity of the legal transaction in extraordinary matters.
Court substitution of a spouse's consent
In situations where a spouse does not agree to a legal transaction in an extraordinary matter concerning the joint property and it is not possible to reach a mutual agreement, it is possible to petition the court to substitute the spouse's consent.
How to challenge the validity of a spouse's legal transaction?
If one of the spouses undertakes an extraordinary matter without the consent of the other spouse, this legal transaction can be challenged and even declared invalid. To invoke the invalidity of such a legal transaction, the spouse may apply to the court. The plaintiff (the spouse who did not give consent) must prove an urgent legal interest in determining the invalidity of the transaction.
If the court concludes that the transaction was indeed an extraordinary matter and was made without the necessary consent, the state of the joint property of spouses will be restored to its form prior to the transaction, if possible, thereby protecting the property rights of the affected spouse.
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You do not have to go to court immediately
If one of the spouses carries out an extraordinary matter concerning the joint property without the consent of the other, it is not necessary to seek a court remedy immediately. The other spouse can actively invoke the invalidity of this legal transaction by raising an objection of invalidity directly against the third party involved. This step represents an effective legal tool that allows for the defense of property rights without lengthy court disputes.
What risks do you face and how ARROWS can help
Potential issues | How ARROWS helps (consultation@arws.cz) |
|---|---|
Acting without the consent of the other spouse: the spouse may invoke invalidity, complicating the transaction for the third party as well. | What we will do: before signing the contract, we will verify whether consent is required and prepare it in the correct form. |
Incorrect assessment of what constitutes an ordinary matter: risk of a dispute over the validity of the transaction and restoration of the original state. | What we will do: we will assess the specific transaction with regard to the spouses' financial circumstances. |
Refusal of consent without a serious reason: an important transaction is blocked. | What we will do: we will prepare and file a petition for the court to substitute the spouse's consent. |
A spouse acting without your consent: disposing of joint property may damage your property rights. | What we will do: we will prepare the invocation of invalidity and represent you in court if necessary. |
Summary
Last but not least, it is important to remember that the management of the joint property of spouses is a matter that requires mutual trust and open communication. Although situations may arise where spouses do not always agree on extraordinary matters, the legal system offers several ways to resolve such situations, whether out of court or through judicial proceedings.
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Disclaimer:
The information contained in this article is for general informational purposes only and serves as a basic guide to the issue under the legal status as of 2026. Although we ensure maximum accuracy of the content, legal regulations and their interpretation evolve over time. We are ARROWS, a Prague-based law firm registered with the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we hold professional liability insurance with a limit of CZK 350,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS law firm directly (consultation@arws.cz). We accept no liability for any damages resulting from the independent use of information from this article without prior individual legal consultation.