Legal Q&A · Property Transfer

We gifted property to our children. Can we ask for it back?

Law as at 21 July 2026

Answered by , Czech and Slovak attorney, admitted to the Slovak and Czech Bars (SAK 300422 · ČAK 19654).

Short answer

Only exceptionally. A donor may seek return of the gift if the recipient behaves towards the donor or their family in a way that grossly breaches good morals. Ordinary disagreements or a cooling relationship are insufficient: serious or persistent misconduct is required. It is therefore better to protect the donor when making the gift, typically through an easement granting lifetime use.

How is property gifted?

A gift agreement concerning real estate must be in writing (Section 628(2) of the Civil Code), and ownership passes to the recipient only upon registration in the land registry, just as with a purchase. The law also expressly prohibits gifts to be performed only after the donor’s death (Section 628(3)). A “gift upon death” is invalid, and other instruments must be used to arrange property for retirement or between generations.

When can a gift be reclaimed?

A donor may seek return of the gift if the recipient behaves towards the donor or members of the donor’s family in a way that grossly breaches good morals (Section 630). Courts interpret this requirement strictly: ingratitude, ordinary family disagreements or a failure to care for the donor as the donor would wish are not enough. A breach of considerable intensity or persistent misconduct is required, typically physical assault, serious insults or failure to provide necessary help when the donor is dependent on it.

If the conditions are met, a demand for return of the gift restores the donor’s ownership; a court decides any dispute. The donor bears the burden of proof, so the recipient’s conduct must be documented.

Prevention is better than a remedy

A properly structured agreement can prevent most disputes over gifted property. We most often recommend that parents combine a gift agreement with an easement granting lifetime residence and use. The donor’s right to live in the property for life is entered directly in the land registry, protecting them even if the recipient later sells or mortgages the property. A prohibition on disposal and encumbrance or other safeguards may also be considered according to the family situation.

We prepare the gift, easement and registration application as one package: one agreement, one cadastral proceeding and no surprises ten years later.

This answer provides general information on the law as at 21 July 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. We bought a property “as is”. Can we still claim for defects? Generally, yes. Under the law and case law, an “as is” clause applies to assets transferred as a whole without individual specification. A house or apartment is individually identified in the purchase agreement, so such a clause does not exclude the seller’s liability for hidden defects. Claims for concealed defects and false assurances about properties remain available. If the seller was acting as a business and you bought as a consumer, the clause does not stand at all. Speed matters: rights concerning hidden defects expire if you do not notify the defect within 24 months of handover.
  2. Is buying property from a bankruptcy estate worthwhile? Will I take over the title sheet encumbrances? Encumbrances are often less problematic than they appear. Realising assets in bankruptcy extinguishes all security rights, subject to narrow exceptions, so the buyer generally does not take over old security interests on the title sheet. The real risks lie elsewhere: the administrator sells without warranties of physical condition and sale terms usually exclude defect liability; bids are commonly binding; and a co-owner’s pre-emption right may overtake a winning bid for a share. Due diligence should therefore precede the bid.
  3. We want to gift our house to our children but live there for life. How can we do this safely? Agree the gift and lifetime residence easement in one contract and register them simultaneously, so the recipient acquires the house already subject to your right. Define the scope of use and how house and utility costs are shared. “We will gift it first and add the easement later” offers no protection: between the registrations you have no right, and creating the easement then depends on the new owner’s willingness.
  4. The client bought the property after the estate agency agreement ended. Is commission still payable? Usually yes, if the estate agency introduced the buyer. The Commercial Code expressly states that concluding the brokered agreement after the agency agreement has ended does not prevent commission becoming due. For a consumer client, the Civil Code awards remuneration where the result was achieved through the intermediary’s efforts. Causation matters, rather than the calendar date, and the agency must prove it. No commission is payable where the client found the buyer independently without the agency’s involvement.

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

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