What to do if one spouse acts wastefully or endangers the family property?
The Civil Code allows the other spouse to petition the court for the dissolution or reduction of the community property if the other spouse's actions endanger the family property. The law provides:
Key takeaways
- Court fees: A court fee of CZK 2,000 is payable for filing the petition.
- Exceptions: If one of the parties has acted arbitrarily or abused the law (e.g. filed vexatious motions), the court may decide to award costs to the other party. However, such situations are exceptional.
After the court has made its decision
If the court decides to dissolve or reduce the SJM, this has the following consequences:
- Dissolution of SJM: Each spouse administers his/her property separately, both for assets and liabilities.
- Reduction of the community of property: The court's decision will define exactly which items remain in the community of property and which are excluded.
Summary
If one spouse acts wastefully or endangers the family property, the legal system offers effective tools to protect the interests of the other spouse. Court proceedings for the dissolution or reduction of the matrimonial property are conducted as uncontested proceedings in which the parties bear their own costs. The key to success is careful preparation of the petition, gathering of evidence and qualified legal assistance. When done correctly, the risk of property damage can be minimised and the stability of family finances can be ensured. If you need legal advice or help protecting your assets in a similar situation, do not hesitate to contact us. We will be happy to provide expert support and help you find the most appropriate solution.
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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 as of 2024. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 400,000,000. 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 are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.