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.
This question comes from a spouse listed alone on the title sheet who wants to sell, and from a buyer who finds that only one spouse has come to sign. The answer depends on whether the property forms part of marital community property, which the title sheet may not reveal.
What is shared and what is not
The Civil Code (Act No. 40/1964 Coll.) includes in marital community property everything acquired by either spouse during marriage, except assets acquired by inheritance or gift and items serving the personal needs or occupation of only one spouse (Section 143). A flat bought during marriage is therefore shared even if only one spouse is registered. Conversely, a flat acquired before the wedding, inherited or received as a gift belongs exclusively to one spouse, who sells it alone. How to bring it into shared ownership is discussed in a flat acquired before marriage and marital community property.
Selling shared property: both spouses must consent
Either spouse may handle ordinary matters concerning shared assets. Other matters require both spouses’ consent; otherwise, the legal act is invalid.
— Section 145(1) of the Civil Code, unofficial translation
Selling a house or flat is not an ordinary matter. The invalidity is, however, relative:
Where a legal act is invalid on a ground under Sections 49a, 140, 145(1), 479, 589 or 701(1), it is regarded as valid unless the person affected invokes its invalidity. A person who caused the invalidity cannot invoke it.
— Section 40a of the Civil Code, unofficial translation
There are two practical consequences. An agreement without consent remains valid until the overlooked spouse invokes invalidity. They may do so within the three-year limitation period under Section 101, running from the day the right could first have been exercised. A spouse who gave consent cannot invoke invalidity. Consent should therefore be documented beyond doubt.
What should consent look like?
The law does not prescribe its form, but the cadastre needs a document. The clearest solution is for both spouses to sign as sellers. The transferor’s signature must be certified (Section 42(3) of Act No. 162/1995 Coll.). If the other spouse cannot be a party, they provide a separate written declaration consenting to sale of the specific property on the agreed terms, with a certified signature, attached to the registration application.
Our wording rests on two points: express consent under Section 145(1), and the consequence under Section 40a that a person who consented cannot invoke invalidity. We avoid statements that the spouse “waives the right to challenge validity”. Under Section 574(2), an agreement waiving rights that may arise only in the future is invalid, and such wording would weaken the buyer’s protection.
What the cadastre checks
When assessing registration, the district office also checks whether the transferor is entitled to deal with the property (Section 31(1) of Act No. 162/1995 Coll.). If only one spouse appears on the title sheet and acquired the property during marriage, the authority usually requests the other spouse’s consent or a declaration that the property is outside the marital community because it was inherited, received as a gift or bought before the wedding. A false declaration merely shifts the problem to the buyer.
Buying during marriage
The logic is reversed for purchases. Property acquired during marriage falls into marital community property by law, whether one or both spouses signed the agreement. The cadastre generally does not examine the other spouse’s consent to a purchase. Paying the purchase price from joint savings is not an ordinary matter either, however, and a mortgage lender usually requires both spouses as borrowers. Buying together is the simplest approach.
How we can help
Before signing, we check whether the property forms part of the marital community and what consent or declaration the cadastre will require, through our purchase agreement review. We prepare a flat purchase agreement with both spouses or separate consent, and handle the filing through our cadastral registration application service.
If your spouse refuses consent, contact us before signing the agreement.
This answer provides general information on the law as at 5 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.
