Legal Q&A · Property Transfer

I owned an apartment before our wedding. Can it subsequently become part of marital community property?

Law as at 10 September 2026

Short answer

Not merely through an agreement extending marital community property. An agreement under Section 143a governs the regime for future acquisitions; it does not alter existing ownership of an apartment acquired before marriage. Nor will a notarial deed by itself make such an apartment part of marital community property. If one spouse gifts a share to the other, co-ownership in defined shares arises. The appropriate approach depends on whether the objective is joint ownership, protection of investments or inheritance planning.

Spouses also approach us with this situation: one partner owned an apartment before the wedding, both invest in it after the wedding, and they want it to belong to both of them. A common solution is to gift a half share. That leads somewhere different from what most people expect.

What falls within marital community property?

Unofficial English translation:

Marital community property comprises everything capable of being owned and acquired by either spouse during the marriage, except things acquired by inheritance or gift, things which by their nature serve the personal needs or professional activities of only one spouse, and things returned under property restitution legislation […].

Section 143 of the Civil Code

The decisive factor is therefore the time of acquisition. An apartment bought before the wedding is not marital community property, and does not become so because the spouses live in it together or jointly invest in it.

The exception for gifts and inheritance also matters. If one spouse inherits or receives a property as a gift during the marriage, it does not form part of marital community property, even though it was acquired during the marriage.

Gifting a share creates co-ownership in defined shares

If one spouse gifts half the apartment to the other, the result is not marital community property but co-ownership in defined shares by two people, each holding one half. This is a different legal regime, with different rules on dealings, divorce and inheritance. Following a later separation, the apartment is settled as co-ownership in defined shares, rather than as part of marital community property. We discuss this in a co-owner disagrees with a sale.

An agreement on marital community property does not alter ownership of an apartment already acquired

Unofficial English translation:

Spouses may agree to extend or reduce the statutory scope of marital community property. They may similarly agree on the administration of their common property.

Section 143a(1) of the Civil Code

This provision allows spouses to regulate the regime for future acquisitions; it does not retroactively alter ownership of an apartment already acquired. The Supreme Court of the Slovak Republic explained this in its judgment Case No. 7Sžr/17/2017 of 26 September 2018. A notarial deed extending marital community property therefore cannot, by itself, bring an apartment acquired before marriage into that regime.

Spouses may also agree that marital community property will arise only on the date their marriage ends (subsection 2). The law imposes strict formal requirements on agreements under Section 143a and limits their effects against other persons:

Unofficial English translation:

An agreement under subsections 1 and 2 must take the form of a notarial deed. Spouses may rely on the agreement against another person only if that person knows of it.

Section 143a(3)

There are two practical consequences. Without a notarial deed, the agreement will not stand: a written agreement between spouses is insufficient. It is effective against creditors only if they know of it, which, where one spouse runs a business, is often more important than the content of the agreement itself.

How the land registry approaches it

When a share is gifted, the land registry examines the gift agreement and registration of co-ownership in defined shares. An agreement under Section 143a is not, by itself, a legal basis for changing the registration of a premarital apartment to marital community property. The issue is therefore not merely choosing the correct form of document: there must be a legal basis for the requested change. Under Section 31(1) of the Cadastral Act, the district office examines the validity of the legal act and the transferor’s authority to deal with the property.

What to consider before deciding

  • Why you want the change. Different solutions suit inheritance certainty, protection of the other partner’s investment, and preparation for a joint mortgage.
  • A spouse’s business activities. Before gifting a share, assess both spouses’ liabilities and the consequences of the ownership change for creditors.
  • Investment in the other person’s apartment. If the ownership regime remains unchanged, at least document who contributed how much. In a later settlement, it will be important to prove the extent and source of the investments.
  • Choose the document to match the objective. Gifting a share requires a transfer agreement and registration; an agreement governing future acquisitions into marital community property requires a notarial deed. These procedures address different situations.

How we can help

We first establish the actual registration position and which investments can be documented through our property legal due diligence service. We then prepare the content of the agreement and the related filings through preparation of agreements and land registration applications. If the relationship ends and the property is held in defined shares, settlement of co-ownership follows.

This answer provides general information on the law as at 10 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

More legal questions

All questions and answers
  1. What deposit can I request when letting an apartment, and when must I return it? For a short-term apartment tenancy under Act No. 98/2014 Z. z., the security deposit may not exceed three times the monthly rent and charges for services associated with using the apartment. The landlord must return the unused balance within one month of the apartment being vacated and tenancy claims being settled, unless otherwise agreed. The short-term tenancy regime requires, among other things, the landlord’s registration with the tax office.
  2. Can a client withdraw from a brokerage agreement within 14 days? Where a real estate agency concludes a brokerage agreement with a consumer remotely or away from its business premises, the consumer generally has 14 days to withdraw without giving a reason. The period is 30 days following an unsolicited visit by the trader or at a sales event. To start providing the service during that period, the agent needs the consumer’s express consent and acknowledgement that full performance of the service ends the withdrawal right.
  3. The creditor no longer exists, but its security remains on our title sheet. How do we remove it? Termination of a security right and its removal from the cadastre are different things. Repayment ended the right, but the entry remains until someone applies for removal. The security provider may also apply, but must attach confirmation of discharge or another document proving termination issued by the secured creditor. If the creditor no longer exists, it is necessary to investigate any legal successor, usable documents and a possible court route. Supplementary liquidation requires genuine unliquidated assets; the need to confirm a debt that has already been repaid is not sufficient by itself.
  4. Our company’s property is subject to enforcement. Can we sell it at all? Usually not directly. When deciding on registration, the district office checks whether the right to deal with the property is restricted. If it is, registration proceedings are suspended. Possible routes include paying the debt and ending enforcement, agreeing a solution with the enforcing creditor, or a sale through enforcement of security by the first-ranking secured creditor. Each has different consequences for the buyer and the encumbrances that remain.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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