Legal Q&A · Property Transfer

Must I approach the other co-owners before selling my share in a property?

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

Yes. When a co-ownership share is transferred, the other co-owners have a statutory pre-emption right. You must first offer them the share on the same terms as the intended sale to a third party. Transfers to a close person are exempt: a direct-line relative, sibling, spouse or another person meeting the statutory definition. An overlooked co-owner can challenge a transfer that bypasses this right.

Must I offer the share to the other co-owners?

When a co-ownership share is transferred, the co-owners have a pre-emption right, unless the transfer is to a close person (Section 140 of the Civil Code, read with Sections 116 and 117). A close person is a direct-line relative, sibling or spouse, or another person in a family or comparable relationship where harm suffered by one would reasonably be felt by the other as their own. If the co-owners cannot agree how to exercise the right, they may purchase the share proportionately to their existing shares.

In practice, before selling to a third party, you must offer the share in writing to the other co-owners on the same terms: the same price and payment terms as those offered to the prospective buyer. For property, we always recommend a provable offer, sent by registered post with proof of delivery, so you can demonstrate that you met your duty.

What happens if I bypass the pre-emption right?

A transfer made without an offer to the other co-owners is not automatically a nullity. However, an overlooked co-owner can enforce their rights through legal action, including challenging the transfer. This is a hidden risk for the buyer: the share may remain in dispute for years. If you are buying a share, have compliance with pre-emption rights checked. This forms part of our purchase agreement review and the due diligence we carry out for land purchases and sales.

Sometimes ending co-ownership is the better option

Selling a share to a third party is often a last resort. A new co-owner from outside the family can bring further conflict, and a share usually sells below its proportionate value. If the co-owners can at least talk to each other, settlement of co-ownership is usually economically preferable: an agreement to divide the property, buy each other out or sell the whole property together. If agreement is impossible, the court decides.

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. Do I need my spouse’s consent when selling or buying property? If the property forms part of marital community property, its sale is not an ordinary matter. Without the other spouse’s consent, the agreement is voidable; the overlooked spouse may invoke invalidity within a three-year limitation period. The clearest consent is to sign as a seller, or otherwise provide a separate written declaration with a certified signature. A property purchase falls into marital community property by law regardless of who signed. Property acquired before marriage, by gift or inheritance is sold by its sole owner.
  2. A relative and I are exchanging plots. How does an exchange agreement work, and what about tax? An exchange agreement is a purchase agreement with payment in kind: each party is the seller of the plot they give and the buyer of the plot they receive. Ownership of both plots passes through cadastral registration under one agreement. A difference in value is settled by a balancing payment. For tax, both parties transfer property; income is the value of the plot received plus any balancing payment. The five-year ownership exemption is assessed separately for each party, and a new period begins for the received plot.
  3. When do I become the owner of a property: on signing the agreement or on land registration? You become the owner only when ownership is registered in the land registry, not when the agreement is signed. Signing creates contractual obligations only; the seller remains the owner until the registry’s decision. That is why the price should be paid through escrow, releasing funds only after registration, rather than paid to the seller before registration is permitted.
  4. What must an estate agency agreement contain? Under an estate agency agreement, the agency undertakes activities aimed at concluding a property agreement, and the client undertakes to pay commission. The agreement should clearly define its scope, commission amount and payment date, duration, any exclusivity, and the agent’s duties. Where the client is a consumer, additional protection applies, including a ban on unfair terms.

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

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