If the house came into existence during the marriage and no exception or restriction of the scope of BSM applies, it forms part of the spouses’ community property regardless of who is listed on the title deed. According to ÚGKK’s interpretation, the land registry will amend the registration by a record entry based on an application, the marriage certificate and a solemn declaration by both spouses. ÚGKK does not consider a gift agreement between the spouses an appropriate route. If your husband will not sign the declaration, the court will decide, on a claim being brought, whether the house forms part of BSM.
The building permit and the occupancy approval were both issued in your husband’s name because he dealt with the authorities. You built the house together, using family funds, and have lived in it for years. Yet the title deed lists only him, with a 1/1 ownership share. The question of whether you are a co-owner usually arises on a sale, a loan application or an inheritance, when little time remains to resolve it.
When a house forms part of BSM despite being registered only in the husband’s name
The following quotation is reproduced in its original language:
V bezpodielovom spoluvlastníctve manželov je všetko, čo môže byť predmetom vlastníctva a čo nadobudol niektorý z manželov za trvania manželstva, s výnimkou vecí získaných dedičstvom alebo darom, ako aj vecí, ktoré podľa svojej povahy slúžia osobnej potrebe alebo výkonu povolania len jedného z manželov, a vecí vydaných v rámci predpisov o reštitúcii majetku […].
The decisive factor is the time of acquisition, not the name on the building documents. For a house built by the spouses, this is the point at which the building came into existence as an object of property rights. If the marriage subsisted at that time and none of the exceptions applies, the house forms part of the spouses’ community property (BSM) by operation of law. The position may differ if the spouses restricted the scope of BSM or deferred its creation until the date the marriage ends by an agreement in the form of a notarial deed (Section 143a).
The entry on the title deed does not create ownership. A record entry merely records the legal position and has no effect on the creation or extinction of rights (Section 5(2) of the Cadastral Act).
How to amend the registration
Rights arising by operation of law are entered in the land register by a record entry (Section 34(1)). The Decree lists documents that can support a record entry using the words “in particular”, so the list is non-exhaustive (Section 28 of Decree No. 461/2009 Z. z.). In Cadastral Bulletin 1/2023, ÚGKK takes the view that an application is sufficient to change the registration from sole ownership by one spouse to BSM, provided it is accompanied by:
- the marriage certificate,
- a solemn declaration by both spouses that they acquired the property during the marriage.
In Cadastral Bulletin 1/2024, ÚGKK added, in a similar situation, that the declaration should also confirm that the scope of BSM had not been restricted in relation to the property before its acquisition. According to ÚGKK, the signatures on the solemn declaration do not need to be officially certified. This is the authority’s interpretation. You should therefore confirm the documents required with the relevant cadastral department in advance.
Why ÚGKK rejects a gift agreement
One solution sometimes suggested is for the husband to give his wife half of the house. ÚGKK rejects this in Cadastral Bulletin 2/2023. Under a gift agreement, the donor transfers something to the recipient free of charge (Section 628(1)), and if the house already forms part of BSM, the husband would be giving away property that is not his alone. According to ÚGKK, the agreement would circumvent the mandatory rules governing BSM and would be invalid (Section 39). This is ÚGKK’s interpretation, which must be taken into account when applying for registration of title.
If the house did not in fact form part of BSM, a gift of half of it would create co-ownership in defined shares, rather than BSM, because a share acquired by gift falls outside BSM. We explain the difference between the two regimes in the question on an apartment acquired before marriage and BSM.
When the husband will not cooperate or the marriage has ended
- The husband will not sign the declaration. In that case, ÚGKK directs the applicant to the courts. A claim may be brought for a declaration that the house forms part of BSM, provided there is a compelling legal interest in obtaining that declaration (Section 137, letter c), of the Code of Civil Dispute Procedure).
- The marriage has since ended in divorce. BSM has ended and must be settled. If the property is not dealt with by agreement or by a court decision on an application filed within three years of the termination of BSM, it is deemed to be co-owned by both former spouses in equal shares (Section 149(4)). For such a record entry, the Decree provides for an application accompanied by the divorce judgment (Section 28, letter b), of the Decree). However, where a house is registered only in the husband’s name, the judgment alone does not establish that the house formed part of BSM. This must be evidenced in another way, and if the former spouses disagree, the court will decide.
While only the husband is registered, third parties cannot see from the title deed that the house forms part of BSM. If it does and the husband sells or encumbers it without your consent, the legal transaction is invalid, but only if you invoke its invalidity in time (Section 145(1) and Section 40a). Further details appear in the question on a spouse’s consent to the sale of property.
How we can help
We first establish when the house came into existence, what the building documents show and whether the scope of BSM was restricted. We do this as part of our legal due diligence on property service. We prepare and file the application and the spouses’ declaration as part of our application for registration of title service, which also covers applications for a record entry. If the spouses disagree, we can conduct proceedings for a declaration of ownership.
This answer provides general information on the law as at 3 October 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.
