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What to Watch Out for When Selling Real Estate During Marriage?

In the first place, it is always advisable to check the status of the land registry. If the Land Registry directly records that the property belongs to the matrimonial property in relation to the ownership right, then the situation is clear and you should proceed accordingly (more on this below).

Flowchart illustrating property management steps during marriage in the Czech legal context.

Key takeaways

The Land Register is not always decisive. An entry in the Land Register listing only one spouse does not automatically mean that the real property is not part of the joint property of spouses (JPS). The actual state of affairs must always be further examined.
The method and time of acquisition are crucial. Real property falls into your exclusive ownership if you acquired it before entering into marriage, through inheritance, or by gift, regardless of the time of acquisition. Otherwise, it is part of the JPS.
Real property acquired by purchase after marriage is in the JPS. If you purchased real property after entering into marriage, it falls into the joint property of spouses (JPS), even if only one of you signed the purchase agreement. There are only statutory exceptions.
Even real property outside the JPS may require consent. If the real property is not part of the JPS but serves as the family household, you need your spouse's consent to sell it. Ideally, your spouse should sign the purchase agreement as an ancillary party.
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What does the Land Registry record show?

But beware! If you or only your spouse are listed as the owner in the Land Registry, you cannot automatically conclude that the property is not part of the joint property of spouses (SJM) based on this record. In such a case, it is necessary to further examine whether the property, despite such a record in the Land Registry, does in fact fall under the SJM.

Does the property actually fall under the SJM?

To assess whether a property is in the exclusive ownership of one of the spouses or falls under the SJM, it is first necessary to assess on what legal basis and at what time the spouse acquired the property.

If a spouse acquired the property before entering into the marriage, and the SJM was not extended to include this property during the marriage, then it is in the exclusive ownership of that spouse. The same will be true if the spouse acquired the property through inheritance or a gift agreement, regardless of whether they were already married or if it happened before the marriage.

If a spouse acquired the property based on a purchase agreement after entering into the marriage, then unless it falls under statutory exceptions, such property will be part of the SJM, even if only one of the spouses concluded and signed the purchase agreement.

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Procedure for selling

1. The property is not in the SJM

If the property you want to sell is not in the SJM, it does not mean that there is nothing else to address and that the property can be sold without any involvement of your spouse. First, it is necessary to consider whether a family household exists in the property that is not in the SJM (for more on this topic, see our separate article, available here).

In short, we can state that if there is no family household in the property being sold, you can conclude the purchase agreement and sell the property without your spouse's consent and involvement. If a family household did exist there, it would be essential for your spouse to give consent to the sale of the property, or ideally, to also sign the purchase agreement with you as an accessory party.

2. The property is in the SJM

If the property is part of the SJM, then the involvement of your spouse is, of course, essential. In such a case, this will be a so-called non-routine matter (for more on this topic, see our separate article, available here), for which you need your spouse's consent.

The ideal procedure should be that you both sign the purchase agreement on the seller's side – both you and your spouse. If, for example, the purchase agreement has already been signed and the spouse was left out of the process, it will be necessary to obtain the spouse's written consent to the sale of the property, or rather, to the conclusion of this specific purchase agreement.

Otherwise, the spouse could in the future dispute the validity of the concluded purchase agreement, which could cause significant problems for both you and the person who bought the property from you (especially if the buyer financed the purchase with a mortgage loan). In such a case, you could also face a great risk that the buyer would claim damages from you that arose as a result of your incorrect procedure.

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Conclusion

As is clear from the above, even selling a property is not as straightforward and simple as it might seem at first glance. It is therefore always advisable to consult everything with an expert so that an incorrectly chosen procedure cannot lead to situations that would mean considerable problems in the future for both you and the buyer.

As a rule, the costs of having a professional assess the matter and prepare the contractual documentation are only a fraction of the potential costs that can arise if a problem occurs. By establishing the correct procedure and having the contractual documentation prepared by a professional, you can prevent future worries and costs, both financial and time-related.

From the buyer's side, it is also always advisable to check, within their means, whether the property they intend to buy belongs to the seller's SJM, at least by checking the acquisition title, which can be obtained from the relevant Land Registry.

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About the author

Mgr. František Bárta
Mgr. František Bárta

Associate, partner

František Bárta is a senior attorney at ARROWS. František is a graduate of the Faculty of Law of Masaryk University in Brno and since the beginning of his legal career he has been dealing mainly with contract law with a focus on real estate law, which he currently focuses on exclusively.

Disclaimer:

The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2026. 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 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 are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.