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 […].
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.
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.
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.
