Marital community property 2026

What is marital community property

Marital community property is the statutory marital property regime under §143 et seq. of the Civil Code. It arises automatically upon marriage, without any contract being necessary.

Marital community property means that the spouses own property jointly without defined shares. In standard co-ownership in shares, each owner has a defined share (e.g., 1/2, 1/3); under marital community property, both spouses own the entire property together. This implies that they must make decisions about it jointly.

Slovak law does not recognize marital agreements ('prenuptial agreements') to the same extent as, for example, French or American law. Spouses can only narrow the scope of marital community property (by excluding specific assets or future acquisitions) through a notarial deed under §143a of the Civil Code.

What is and is not included in marital community property

How to narrow or terminate marital community property

There are three ways marital community property can be modified during a marriage.

1. 01

   Narrowing by agreement – notarial deed

   Spouses can enter into an agreement to narrow the scope of marital community property (§143a of the Civil Code). This must be in the form of a notarial deed. The narrowing can apply to a specific asset (e.g., a spouse's premarital apartment), all future acquisitions, or acquisitions by one of the spouses.

2. 02

   Expanding by agreement – notarial deed

   Conversely, spouses can agree to expand marital community property to include assets that would otherwise be excluded (for example, by including premarital property). This also requires a notarial deed.

3. 03

   Termination by a court during the marriage

   A court may terminate marital community property at the request of one spouse if there are serious grounds for doing so (§148 of the Civil Code), such as business debts of the other spouse that endanger the joint property, or for another serious reason. After termination, the property is settled as in a divorce, and the spouses acquire co-ownership in shares.

4. 04

   Termination by death or divorce

   Marital community property is terminated when a divorce decree becomes final or upon the death of a spouse. The settlement is handled in probate proceedings (death) or by agreement/court order (divorce).

Marital community property settlement after divorce

Once the divorce decree is final, the spouses have 3 years to settle their marital community property. The best way is by agreement.

1. 01

   List assets and debts

   Both former spouses list everything that belongs to the marital community property: real estate (with its title deed and value), cars, savings, investments, and debts (mortgages, loans, credit cards).

2. 02

   Value the assets

   For real estate, an appraisal or a reliable market value (e.g., from Bytero) is suitable. If the value is disputed, the court will appoint a valuer.

3. 03

   Settlement agreement

   The best approach. Form: a written agreement settling marital community property, with officially certified signatures. For real estate, this is required for registration in the cadastre. A template is available from lawyers and notaries.

4. 04

   Court settlement

   If an agreement cannot be reached, a claim must be filed with the district court within 3 years of the divorce. The proceedings can take 1–3 years, or longer if appraised values are disputed. The court fee is 99.50 EUR plus 6% of the value of the disputed property.

5. 05

   Registration in the cadastre

   When real estate is transferred to one of the spouses, an application for registration is filed to record the new status on the LV. The other spouse is removed from Part B. The fee is 33/66 EUR.

Selling real estate held as marital community property

Real estate held as marital community property can be sold only by both spouses jointly. For the transfer, both spouses must sign the purchase agreement, and both signatures must be officially certified. The cadastre verifies this during the registration process.

A sale by one spouse without the consent of the other is voidable (§145(1) of the Civil Code). The other spouse has the right to challenge the validity of the sale within 3 years of learning about it. The cadastre will reject the registration if the other spouse files an objection.

When buying real estate from a married couple, always check Part B of the title deed to see if both spouses are registered as co-owners under marital community property. If only one is registered, it could be premarital property or subject to restricted marital community property, but it could also be an error in the cadastre.

Contributions and appreciation in a settlement

For an equitable settlement, contributions made by one spouse from their separate property to the marital community property are taken into account:

• Premarital funds used to buy the marital apartment. The spouse who contributed these funds is entitled to have this amount returned (first) during the settlement, and only the remainder is divided.
• An inheritance invested in marital community property. For example, if a wife's inheritance was used to renovate a house held as marital community property, her claim will be considered in the division.
• Gifts from parents. If a gift was made to one spouse and invested in the marital community property (e.g., toward a mortgage), it is considered a contribution.
• Mortgage payments made before the marriage. If one spouse paid the mortgage from a premarital account, the amount paid before the wedding is their separate property.
• Appreciation from joint funds. Conversely, if joint funds were invested in a premarital property, the resulting appreciation belongs to the marital community property.

Frequently asked questions