Property

Joint (community) property of spouses

  1. Joint property of spouses shall consist of
    1. property acquired by any of the spouses or by both of them during the marriage except for property acquired by way of succession or donation, property acquired by one spouse for a property belonging to his or her exclusive property as well as except for things serving, in light of their nature, a personal use of only one spouse, and for property surrendered in the framework of regulations of restitution of the property of one of the spouses who owned the surrendered thing before entering into the marriage or to whom the thing was surrendered because he is a legal successor of the original owner;5 and
    2. obligations arisen to one spouse or jointly to them both during the marriage except for obligations concerning a property belonging exclusively to one of them and for obligations whose extent exceeds a level adequate to the property condition of the spouses and that were assumed by one spouse without a consent of the other.
  2. If one spouse becomes an associate of a business company or member of a co-operative during the marriage, neither acquisition of a share including a share in a joint stock company nor acquisition of rights and duties of a member of a co-operative shall establish participation of the other spouse in the company or co-operative except for flat co-operative.
  3. Under an agreement drawn up in the form of a notarial record, the spouses may extend or restrict the stipulated extent of their joint property. In this way, the spouses may change both the extent of property and obligations to be acquired in the future and the extent of property and obligations that already belong to their joint property. The agreement may also concern individual property values and obligations. If the agreement concerns a real estate property that already belongs to the joint property of spouses or to the exclusive property of one spouse, the agreement shall become effective by entering it in the Real Estate Cadaster.
  4. Furthermore, the spouses may, by agreement drawn up in the form of a notarial record, reserve the rise of their joint property fully or partially to the day of expiry of their marriage unless the matter are things creating usual equipment of the common household.
  5. Under an agreement drawn up in the form of a notarial record, a man and woman intending to enter into marriage may analogously regulate their future property relationships.
  6. The spouses may appeal to the agreement mentioned in the preceding paragraphs vis-á- vis another person only if this person knew of the content of the agreement.

Unless anything else is proved, property acquired and obligations undertaken during the marriage shall be presumed to create the joint property of spouses.

Property creating the joint property of spouses shall be used and maintained jointly by both spouses.

Usual management of the property falling into the joint property of spouses may be executed by each spouse. In other cases, consent of both spouses shall be necessary or the legal act is invalid.

Obligations creating the joint property of spouses shall be performed by both spouses jointly and severally.

The spouses shall be jointly and severally entitled and obliged from legal acts concerning their joint property.

A property or its part falling into the joint property of spouses may be used by one spouse for business purposes only with the consent of the other spouse. The consent must be granted at the moment of the first use of the property or its part falling into the joint property of spouses. Further legal acts connected with business shall no longer require the consent of the other spouse.

Under an agreement drawn up in the form of a notarial record, the spouses may regulate management of the joint property in a different way. The same regulation of management of the future joint property may be done by a man and woman intending to enter into the marriage.

Upon a petition of any of the spouses, the court may restrict the joint property of spouses up to things creating usual equipment of household if important reasons are given thereto.

Upon a petition of any of the spouses, the court shall restrict the joint property of spouses up to things creating usual equipment of household if one spouse gained an authorisation to business or if he became an unlimitedly liable associate of a business company.

If the business activity is executed after the court’s decision under paragraph 2 by the businessman jointly or with the assistance of the other spouse who is not businessman, the income following from this business shall be divided between them in a proportion stipulated by a written agreement; if no such agreement was concluded, the income shall be divided by an equal shares.

The joint property of spouses shall become extinct at the moment of extinction of the marriage.

The extinct joint property of spouses shall be settled; in settling it, it shall be necessary to proceed from the assumption that shares of both spouses on property creating their joint property are equal. Each of the spouses shall be entitled to demand reimbursement of what he or she spent from his or her exclusive property for the joint property and each of the spouses must reimburse what was spent from the joint property for his or her other property. It shall be necessary to proceed from the assumption that obligations of both spouses arisen during the marriage must be performed by the spouses by equal shares.

In settling the joint property of spouses, it shall be particularly necessary to take account of needs of minor children, of how each of the spouses cared for the family and how he or she deserved for acquisition and keeping of the joint property. In ascertaining the extent of the endeavour, also care for children and maintenance of the common household shall be taken into consideration.

If the agreements between the spouses concern real estate property, they must be concluded in writing and shall become effective by entering them in the Real Estate Cadaster.

An agreement on settlement of the joint property of spouses must be concluded in writing. If also a real estate property belong to the joint property of spouses, the agreement shall become effective by entering it in the Real Estate Cadastre.

Rights of creditors must not be affected by the agreement of the spouses.

Unless the settlement is carried out by agreement, it shall be carried out by the court upon a petition of any of the spouses.

If the settlement of the joint property of spouses was not carried out by agreement within three years from the day when the joint property of spouses became extinct or if no application for the settlement was filed with the court within three years from its extinction, the following presumption shall apply: as for movable things, the spouses shall be presumed to have settled the movable things according to the state in that each of the spouses uses the thing as an exclusive owner for its own needs or for the needs of his or her family and household. Other movable things and real estate property shall be considered co-owned by the spouses and their shares shall be presumed to be equal; the same rule shall apply also to other property rights, receivables and obligations common to both spouses.

A joint property of spouses that became extinct during the marriage may be renewed only under a decision of the court issued upon a petition of one of the spouses.

Advertisements