Shrnutí: You can donate real estate to a minor, but it is not enough to simply draw up a deed of gift and file an application with the land registry. Because the child does not have full legal capacity and the transfer of real estate significantly affects his or her assets, a guardian ad litem and court approval will generally be required. Only then can the Land Registry register the child as the owner.
You can also gift real estate to a minor, but the transfer is more complicated than when gifting to an adult. You will need a written gift agreement with notarized signatures, representation of the child (often by a guardian ad litem), court approval, and finally, an application for registration in the land registry. The court primarily examines whether the gift is truly in the child’s best interest. If a parent donates real estate to their child, they generally cannot represent the child at the time of signing, as this may constitute a conflict of interest.
A real estate gift agreement for a minor must be approved by both the court and the land registry. If you want to be sure that there are no errors in the agreement, the court petition, or the application for registration, have a lawyer draft it for you.
| What Needs to Be Done | Why is this important |
|---|---|
| Gift Agreement | Without it, you cannot transfer the property. |
| Certified signatures | The Land Registry will require them for the transfer. |
| Conflict of Interest Guardian | Resolves conflicts of interest between a parent and a child. |
| Court approval | The court will assess whether the gift is in the child’s best interest. |
| Application for registration | Only then will the Land Registry register the child as the owner. |
A gift without consideration is a popular way to transfer ownership of real estate within a family, where donating a family home or apartment to a child can resolve potential complications and costs associated with probate proceedings in advance, or settle real estate assets between former partners who, as a compromise, transfer the property to a child they have in common.
However, if you wish to donate real estate to a minor child, you must take into account that, in addition to all the legal requirements that must be met for a successful transfer of ownership of the property, the court will also be involved in the entire process, as it must approve such a gift agreement through a court ruling. Sometimes it is even necessary to apply to the court before the gift agreement is signed so that the court can determine who is authorized to sign the agreement on behalf of the minor.
Tip: You can find answers to the most common questions about gift agreements in our article.
As is generally known, legal majority is attained upon reaching the age of eighteen; until then, with some exceptions, a child does not have full legal capacity. A minor who has not attained full legal capacity is only capable of performing legal acts that are, by their nature, commensurate with the intellectual and volitional maturity of minors of his or her age. By its very nature, the donation of real estate is a legal act that, for a child, entails not only an increase in their assets but also the creation of significant obligations regarding the donated property, which will burden them in the future (e.g., payment of property taxes, property maintenance costs, etc.).
Therefore, this is not a legal act for which the minor would be competent to perform on their own; rather, they must be represented when signing the gift deed. The child’s legal representatives in legal acts for which the child is not competent to act on their own are, as a rule, the child’s parents. However, it may happen that the parents find themselves in a so-called conflict of interest when acting on the child’s behalf in a legal transaction—that is, a conflict of interest could arise between the parent and the child—for example, if the parent is the donor and the child is the donee.
According to the Civil Code, a parent cannot represent a child if a conflict of interest could arise between the parent and the child. This typically occurs precisely when the parent acts as the donor and the child as the donee.
Before concluding a gift agreement in this situation, it will therefore first be necessary to ask the court to appoint a so-called “conflict guardian,” who will then sign the agreement on behalf of the child as their representative. For the sake of completeness, it should be noted that a gift agreement transferring ownership of real estate must be in writing, and the signatures on it must be notarized.
If you are unsure whether there is a conflict of interest in your case, it is advisable to consult with an attorney before signing the agreement. An error in representing the child could unnecessarily delay the entire transfer.
A gift agreement is an essential document, and we’d be happy to help you with it. Don’t rely on low-quality templates that you download for free from the internet.
Advice on a Donation Agreement
After signing a gift agreement where the recipient is a minor, a petition must then be filed with the competent court to approve the legal act on behalf of the minor. According to the Civil Code, a legal act by which a child acquires real property or a portion thereof—which a gift agreement constitutes—still requires the court’s consent.
In such cases, the court’s role is to assess whether the acquisition of real property in the specific instance is in the minor’s best interest and, based on that assessment, to decide whether or not to approve the legal act. It may be the case that the acquisition of real estate would cause more harm than good to the minor, in which case the court will not approve such a gift agreement.
In practice, we often see parents treating the gift of real estate to a child as a simple family transfer. However, the court does not simply consider the fact that the child “receives something.” It also considers whether the real estate is burdened by debts, repair costs, complex co-ownership arrangements, or other encumbrances that could actually harm the child.
The motion for approval of the legal transaction must be prepared in such a way that the court can quickly understand from the documents why the gift is beneficial to the child and what obligations the child will assume regarding the property. We’d be happy to help you with this.
Tip: If you decide to revoke your donation, our article will explain the specific procedure and your options.
The petition is filed with the district (local) court in whose jurisdiction the minor resides, and this petition is exempt from court fees. Due to a potential conflict of interest, the child will be represented in the proceedings by a so-called “conflict guardian,” which is the social and legal protection of children authority (OSPOD) in the child’s place of residence. If the court grants the petition, it will issue a judgment approving the specific gift agreement on behalf of the minor. This judgment will then be attached to the petition to initiate proceedings for authorization to register the transfer of ownership in the real estate cadastre at the relevant cadastral office. Without such court approval, the gift agreement would not be valid.
Tip: We cover the process of applying for a land registry entry in detail in our article.
It is important to keep in mind that even after a minor becomes the owner of real property following the registration of ownership in the real estate cadastre, all subsequent significant legal acts concerning that property will be subject to the court’s approval once again, such as encumbering the property with rights in rem, entering into a long-term lease agreement, or the potential sale or donation of the property. The court will therefore reassess whether a specific legal act is in the minor’s best interest or not.
Conversely, if the matter involves so-called routine matters, court approval will not be required. Someone will also have to manage the real estate on behalf of the minor—usually, again, the minor’s parents—who will then transfer it to the child once the child attains legal capacity.
In the case of donating real estate to a minor, it is therefore necessary to be prepared for the fact that the entire process of transferring ownership will be prolonged by court proceedings, in which the court will decide whether or not to approve the specific donation agreement. Without a court ruling approving the gift agreement, the agreement would be invalid, and the land registry would not record the transfer of ownership of the real estate to the minor.
Tip: You can find more information about donating real estate in our article.
It is common practice to include in a gift deed an easement of use for the donor (parent or parents), typically until the child reaches the age of majority or for the duration of the donor’s life, so that the donor may continue to use the property. Along with the easement of use, an easement prohibiting alienation and encumbrance is also often established, which forbids the child who received the gift from selling, transferring, renting, or mortgaging the property without the donor’s consent.
A typical example is a parent who wants to transfer an apartment to a minor child but also wants to continue living there. In such a situation, a gift deed alone is not sufficient. It is advisable to also consider an easement of use, a prohibition on alienation and encumbrance, and how to explain these conditions to the court so that it is clear they protect both the child and the donor.
If you wish to establish an easement, submit a request for its approval at the same time as the gift agreement, as part of it, so that the court proceedings can take place simultaneously. This will save you both time and money.
Tip: You can find more information about how an easement works and what it’s used for in our article.
Transferring real estate is no easy task, and it’s worth consulting with an attorney. They’ll help you draft a deed of gift, which will help you avoid potential errors in the contract that could render it invalid. It will also save you time and possibly money that you would otherwise have to spend dealing with the land registry. Plus, you won’t end up losing the property entirely because of a poorly drafted contract, as happened to Ms. Kamila.
Donating real estate to a minor is possible, but it involves a few additional steps compared to donating to an adult. It is not enough simply to draw up a gift deed and have the signatures notarized. Because the child is not fully legally competent and the transfer of real estate significantly affects their assets, they must be properly represented—often by a guardian ad litem—and the transfer must be approved by a court. The court assesses whether the gift is in the child’s best interest, and only then can an application for registration in the land registry be successfully filed. If the donor wishes to retain the right to use the property or prevent its sale, it is advisable to simultaneously establish a right of use or a prohibition on alienation and encumbrance.
Yes. A minor can own an apartment, a house, a plot of land, or a share in real estate. However, because the minor does not have full legal capacity, someone must represent him or her during the transfer, and the transfer is usually approved by a court.
In most cases, no. If a parent acts as the donor and the child as the recipient, this may constitute a conflict of interest. Therefore, the court will generally appoint a guardian ad litem for the child.
Yes, if a child acquires real estate or a share in it, court approval is required. The court assesses whether the gift is in the child’s best interest.
Proceedings in cases involving the court’s guardianship of minors are generally exempt from court fees. However, you should expect to incur costs for drafting the contract, certifying the signatures, and filing the application for registration in the land registry.
Yes. If the transfer would be more likely to harm the child—for example, due to debts, high costs, or other obligations associated with the property—the court may not approve the gift.
We will provide you with a complete legal service related to real estate donation, including a proposal for entry into the Land Registry. We will also advise you on how to deal with taxes in the most advantageous way. We will handle everything quickly and flawlessly, so you don’t have to worry about a thing. You can pay after the service has been provided.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 15 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 15 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
We’ll review your case and suggest how to resolve it for CZK 690.
Don't look at a gift horse's teeth! However, if you want to donate land instead of a horse or if you are on the side of the donor, be sure to look carefully. The written contract of gift, which is necessary for the gratuitous transfer of ownership of land, must contain all the legal requirements so that the transfer of ownership can be approved by the land registry office. Omitting a detail in this case could cause you unnecessary grief.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
