Real estate · Slovakia
Property gift agreement
Gifting a flat, house or land within the family is a generous gesture, but the donor is often the most vulnerable party. We prepare the gift agreement to protect you first and foremost, including a lifetime residence easement established when the gift is made. We also explain clearly in advance what gifting means and when a gift can be reclaimed.
- Lifetime residence easement included in the agreement
- We handle Land Register registration for you
- Prices agreed in advance
What we'll do for you
A complete gifting service from consultation to registration of the new owner in the Land Register, including the agreed protection for the donor.
Select an item to see the details.
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Initial consultation
We discuss your circumstances, the risks of gifting and the alternatives. We explain what the gift means for the donor, recipient and other family members.
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Bespoke gift agreement
For property, the law requires a written agreement (§ 628 of the Civil Code). We prepare one tailored to your property and family circumstances so that it meets the requirements for registration.
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Lifetime residence easement
We establish the donor's lifelong right to live in and use the property directly in the gift agreement. It is registered in the Land Register together with the transfer — so the donor does not have to depend on goodwill.
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Agreement authorised by a lawyer
We authorise the agreement, which means we draw it up, verify the identity of the parties and assess whether it is contrary to or circumvents the law or conflicts with good morals (§ 1a of the Slovak Advocacy Act). The Land Register office then reviews an authorised agreement to a narrower extent (§ 31(2) of the Slovak Land Register Act). The lawyer's liability is covered by insurance.
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Registration application and monitoring proceedings
We apply electronically with a reduced administrative fee and monitor Land Register proceedings until registration is approved.
Deliverablea gift agreement ready for registration (including a lifetime residence easement if agreed) and approved registration in the Land Register
How it works
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- Consultationday 0
We discuss what you want to give and to whom, whether the donor should continue living at the property and which risks need addressing. We confirm the scope and final price.
- Agreement and signinga few working days
We prepare the gift agreement including the lifetime residence easement and explain everything clearly. You sign the agreement at our office, where we also authorise it.
- Land Register registration
We submit the registration application and monitor proceedings for you. Ownership and the easement are transferred only on registration in the Land Register — we inform you when registration is approved.
Gifting property within the family looks straightforward — and that is precisely why important points are easily overlooked. An online template transfers ownership, but does not tell you that the donor thereby loses all rights to the property and their continued residence depends solely on the recipient’s goodwill.
The law gives the donor little protection. Under § 630 of the Civil Code, return of a gift can be sought only where the recipient grossly violates good morals — and according to the Supreme Court of the Slovak Republic, not every negative behaviour of the recipient meets this condition. Effective protection for the donor must therefore be put in place in advance, directly in the agreement: through a lifetime residence easement registered in the Land Register alongside the transfer and attaching to the property regardless of what happens to it afterwards.
That is exactly how we approach gifts. We prepare a bespoke agreement, build in protection for the donor from the outset and handle the entire Land Register registration for you — so that the rights and obligations of both donor and recipient are clear.
No-obligation enquiry
Ready to start?
Send us an enquiry. We usually reply within 24 hours with a price confirmation and next steps. The first 30-minute consultation is free and commits you to nothing.
- 1Send your enquiry via this form
- 2Usually within 24 h you get a price confirmation and plan
- 3We start work only after your approval
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What clients ask
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How can I avoid losing my home after making a gift?
The most reliable protection is an easement granting a lifelong right to live in and use the property, established directly in the gift agreement and registered in the Land Register at the same time as the transfer. It attaches to the property — it remains effective even if the recipient later transfers it. An oral agreement or family promise does not provide this protection.
Can a gifted property be reclaimed?
Only exceptionally. Under § 630 of the Civil Code, a donor may seek return of the gift if the recipient behaves towards the donor or their family members in a way that grossly violates good morals. Ordinary family disagreements or a cooling of relations are insufficient. According to the Supreme Court of the Slovak Republic, not every negative behaviour of the recipient gives rise to a right to return of the gift; the court assesses all the circumstances, including the donor's own conduct (for example judgment 2Cdo/62/2023). This is why protection for the donor should be addressed in the agreement, rather than relying on reclaiming the gift.
Can I gift a property so that it passes only after my death?
No — a gift agreement providing for performance only after the donor's death is invalid by law (§ 628 of the Civil Code). If you want to transfer the property during your lifetime and continue living there for life, a gift with a lifetime residence easement is a solution. Arrangements for assets on death require a separate consultation.
What risks does gifting carry for the donor?
When you make a gift, you cease to own the property — it belongs to the recipient and is affected by their circumstances, such as debts, enforcement or divorce. During the consultation, we therefore discuss openly whether gifting is appropriate for you and include the protection available in the agreement — particularly an easement registered in the Land Register.
I am gifting only a co-ownership share — must I offer it to the other co-owners?
The statutory pre-emption right of the other co-owners does not apply if you give the share to a close person; for a transfer to anyone else it must be respected (§ 140 of the Civil Code). A close person is a relative in the direct line, a sibling or a spouse and, under the conditions of § 116 of the Civil Code, also another person in a family or similar relationship. If the pre-emption right is bypassed, the affected co-owner may invoke the invalidity of the transfer (§ 40a of the Civil Code). We separately check any contractual pre-emption right registered in the Land Register and shares in common property of a land community, which have their own rules.
Will the gift affect a future inheritance, and is tax payable?
A gift may affect later inheritance proceedings — gifts are taken into account in inheritance under certain conditions, so it is fair to discuss the gift openly with other family members. We draw your attention to the consequences when preparing the agreement. We recommend discussing tax and contribution matters with a tax adviser — we cover the legal aspects of the gift.
Legal Q&A
Common questions on this topic
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We gifted property to our children. Can we ask for it back?
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.
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We want to divide land among our children. When will the Land Register refuse subdivision under the anti-fragmentation rules?
The Land Register refuses registration if subdivision outside a municipality’s built-up area would create agricultural land smaller than 3,000 m² or forest land smaller than 5,000 m². A state levy applies to parts above those minimums but below 20,000 m². Dividing land among children therefore depends on designing compliant parts, using statutory exceptions, or one child taking the land and paying out the others.
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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.
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Further reading
Gifting property to one of the children: what it means for the siblings’ inheritance
Parents often give a flat or house to one of their children during their lifetime. The gift may be set off against that child’s inheritance share in the succession proceedings, but not always and not automatically. We explain when a set-off occurs, why a gift is not disinheritance and what to consider when drafting the deed of gift.
Read more →
Gift, sale at a nominal price or exchange: which agreement to choose when transferring property within the family
Parents want to transfer a flat to their child; siblings want to swap plots of land. The choice between a deed of gift, a sale agreement and an exchange agreement has consequences for tax, marital ownership and inheritance, and for whether the transfer can later be undone. We compare them using situations that recur in families.
Read more →
The lawyer in a transaction brokered by an estate agency: whom do they work for and what follows from that
The agent recommends a lawyer who prepares the contracts for both seller and buyer, and the agency pays them a retainer. Whose interests does the lawyer then protect, what may they tell the agent, and what happens if the parties fall out? We explain what the Act on Advocacy says and how to set the arrangement up so that everyone can trust it.
Read more →