Real estate · Slovakia
Settlement of co-ownership
Do you jointly own property in shares and cannot reach agreement? We help you leave co-ownership, preferably through an agreement terminating and settling it and, if agreement is impossible, through a claim under §§ 141 and 142 of the Civil Code. We also assert co-owners’ pre-emption rights and propose the solution most favourable to you.
- Settlement by agreement or court
- Houses, flats and land
- Assessment of options in advance
What we'll do for you
Resolving co-ownership from assessment of options through agreement or court decision to Land Register registration.
Select an item to see the details.
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Initial assessment
We review the title deed, share sizes and relationships and explain realistic options and their advantages and disadvantages.
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Agreement terminating and settling co-ownership
We prepare a written agreement between co-owners on division, a buyout or sale — the quickest way out.
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Pre-emption rights
We address co-owners’ pre-emption rights when transferring a share to prevent a later challenge to the transfer.
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Court claim
If agreement is impossible, we file a claim for termination and settlement of co-ownership and represent you in the proceedings.
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Valuation and expert
We obtain documents for valuing the property and work with an expert to determine appropriate compensation.
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Land Register registration
Following an agreement, we prepare the application for registration. A final judgment settling co-ownership is entered in the Land Register by record; we arrange the supporting documents and monitor entry of the change.
Deliverableco-ownership resolved by agreement or court decision
How it works
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- Assessmentday 0
We establish the co-ownership position and relationships and propose the most favourable way out.
- Agreement or claim
We try to reach a settlement agreement; if impossible, we file a claim and represent you in court.
- Settlement and registrationdepending on the outcome
We arrange the buyout or sale and registration of the ownership change in the Land Register.
No-obligation enquiry
Ready to start?
Send us an enquiry. We 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
- 2Within 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 co-ownership be terminated?
Preferably by an agreement between all co-owners terminating and settling it; for immovable property, the agreement must be in writing (§ 141 of the Civil Code). If you cannot agree, a court decides on the application of any co-owner. We always try a quicker and less expensive agreement first.
What if the co-owners cannot agree?
The court then terminates and settles co-ownership under § 142 of the Civil Code. It considers the size of the shares and efficient use of the asset — it either divides the property or awards it to one co-owner for compensation; if none wants it, it orders a sale and distributes the proceeds according to the shares.
Do I have a pre-emption right when a share is sold?
Yes. If a co-ownership share is transferred, the other co-owners have a pre-emption right, except for a transfer to a close person (§ 140 of the Civil Code). The share must therefore be offered to them first. We address this so that the transfer cannot be challenged later.
Can I sell only my share to a third party?
Yes, you may transfer your share, but must respect the other co-owners’ pre-emption rights. In practice, agreeing a buyout or joint sale of the entire property is often more advantageous — we compare both routes with you.
How long does a court settlement take?
Court proceedings for termination and settlement can take a considerable time, especially where valuation is disputed. We therefore always exhaust the possibility of agreement first; if court proceedings are unavoidable, we prepare the case to run as efficiently as possible.
Legal Q&A
Common questions on this topic
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Must I approach the other co-owners before selling my share in a property?
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.
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We are dividing land using a survey plan. Do all co-owners need to consent?
It depends on what the survey plan is intended to achieve. The plan itself is a technical document and recording it does not change rights. However, if it creates a new parcel from parts subject to different legal interests, it can be recorded only together with registration of ownership of all those parts. A legal act is then needed, and all co-owners are jointly and severally entitled and bound by legal acts concerning the jointly owned property.
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A co-owner refuses to sell. Can co-ownership be ended against their wishes?
Yes. If no agreement is reached, the court terminates and settles co-ownership on the application of any co-owner. It follows an order: first it considers whether the property can feasibly be divided; if not, it awards the property to one or more co-owners against reasonable compensation; if nobody wants it, it orders a sale and divides the proceeds according to shares. An agreement terminating and settling co-ownership of immovable property must be in writing.
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Further reading
Land consolidation: what owners can influence and why silence means consent
Land consolidation reorganises ownership across an area: original plots disappear and owners receive new ones. Several procedural windows allow influence over the outcome. Missing them means silence counts as consent in both Slovakia and Czechia, and decisions proceed without you.
Read more →
Lawyer escrow when buying property: why the money should not go straight to the seller
The riskiest stage of a property transfer is the period between signing and land registration. Lawyer escrow of the purchase price protects both parties. We explain how it works.
Read more →