Will the apartment that your husband bought before you got married be part of your community property? What about the inheritance from your wife’s aunt, will it be included in the community property? Or a loan that your husband took out that he didn’t tell you about? And how to settle the community property? All questions are answered in this article.
The matrimonial property is automatically created by law when the marriage is celebrated. So if you buy a car right after you get married, you will have that car in your community property. Similarly, the first salary that comes into your account after you get married will already be in your community property. The exception to this is if you enter into a pre-nuptial agreement before the wedding, in which you agree that you will not have community property after the wedding. You will therefore choose a different regime than the legal one and after the wedding you can continue to keep your assets and debts separate.
Similarly, during the marriage you can agree to reduce the size of the community property or to dissolve and settle it completely. Most often, however, the dissolution of the community of property takes place when the marriage is dissolved or when one spouse dies. If you are married and you have not made a special agreement to dissolve the community of property, and you have not had it dissolved by a court, then you have community of property.
Společné jmění vzniká automaticky okamžikem uzavření manželství, pokud se manželé nedomluvili jinak.
Takové auto spadá do společného jmění manželů, i když ho koupil jen jeden z vás.
Ano, lze uzavřít předmanželskou smlouvu, která stanoví odlišný režim majetku.
Ano, například dohodou mezi manžely nebo rozhodnutím soudu.
Tip: Read how to deal with the gift of property between spouses, where the community of property is the main influence.
The Civil Code states that what belongs to the spouses and has property value is part of their community property. This includes property and debts. As far as property is concerned, everything acquired by one or both spouses during the marriage is included, with certain exceptions. For example, the community property includes both spouses’ wages from the moment they are credited or physically paid.
Typicky mzda, majetek získaný během manželství, zisky z podnikání či pronájmu.
Ano, příjem z pronájmu patří do SJM, i když byt patří jen jednomu z manželů.
Ano, pokud byly pořízeny za trvání manželství, bez ohledu na to, kdo je koupil.
SJM does not include finances or things that:
The community property also includes the profits from the exclusive property. So if your spouse has an apartment in sole ownership (e.g. because he/she already owned it before the wedding or perhaps inherited it after the wedding), the profit from renting this apartment is already community property. In certain cases, a share in a company may also be community property.
Ne, pokud není výslovně určeno pro oba manžele, dědictví nebo dar patří jen jednomu z nich.
Ne, jde o náhradu nemajetkové újmy, a ta do SJM nespadá.
Nový majetek zůstává vaším výlučným, pokud byl zaplacen z výlučných prostředků.
Tip: If you are dealing with a combination of a SJM and a condominium, read a separate article.
Community property includes not only assets but also debts. So if you and your wife take out a loan or mortgage together, this liability will also be community property. However, a joint debt will also arise if only one spouse is committed, but only in situations where it concerns the procurement of ordinary purchases for the family. Thus, the moment the wife goes for routine grocery shopping, it will be in the regime of community property, but if she takes out a large loan for a new car without her husband’s consent, such an obligation will be her sole debt (and she must repay it from her own funds).
Ano, společné dluhy vzniklé během manželství jsou součástí SJM.
Pokud nejde o běžné potřeby domácnosti, dluh je jen jeho osobní.
Ano, pokud byla uzavřena společně nebo pro potřeby rodiny.
An experienced divorce lawyer will review the community property agreement for you or write a tailor-made one for you. As well as all other documents needed for the divorce. You can have everything handled within 48 hours, online and at upfront prices.
Use the services of a divorce lawyer
Spouses who do not want to follow the rules described above can arrange their property affairs differently. Thus, they may not even have community of property (if they conclude a pre-nuptial agreement) or they may have it, but it may be narrower and some of the property may not be included. Alternatively, the spouses may extend their SJM and include, for example, real estate inherited by one of them.
Ano, smluvně můžete SJM zúžit, rozšířit nebo ho zcela zrušit.
Uzavřete předmanželskou smlouvu nebo smlouvu během manželství.
Ano, pokud se manželé dohodnou, lze ji vložit do společného jmění.
If there is a divorce, the most advantageous solution for the settlement of the matrimonial property is an agreement. This is effective on the date on which the community property ceases to exist. It does not matter whether you conclude it before or after the dissolution of the marriage. Even if you do not reach an agreement, there are three other options:
The settlement is made by the notary in the context of the succession proceedings. He or she will first divide the joint property and debts of the spouses and then decide what belongs to the inheritance. The succession proceedings must take into account any instructions of the deceased or agreements the spouses had regarding the property.
Například při rozvodu, úmrtí jednoho z manželů, konkurzu nebo propadnutí majetku.
Můžete se obrátit na soud, nebo dojde k automatickému vypořádání po 3 letech.
Každý si ponechá to, co výlučně užívá, ostatní zůstane v podílovém spoluvlastnictví.
Tip: We have covered the proposal for the settlement of the SJM in our article with the documents needed for the divorce.
The lawyer advises: Beware of automatic settlement of SJM. In practice, it may happen that your ex-partner takes the car after the divorce and continues to drive it exclusively. You did not stop at the car because of the lack of a driver’s license, but if you had handled the SJM settlement in time, your ex-husband should have bailed you out. If you don’t settle or even file a petition in court within 3 years, you will lose the money for the car.
In the settlement itself, the assets and debts must be valued. This is based on what the community property contained at the time of the divorce, but things are valued at current prices. Furthermore, the court also deals with whether one spouse has spent money from his/her sole property on joint property (or, on the contrary, whether the joint property has been invested in an item owned exclusively by the other spouse) and this must also be settled.
In both cases mentioned above, the settlement of the community property is marked by great emotions. With an experienced attorney, you will be sure not to get lost in the legal twists and turns and get the most of what you are entitled to. If you are getting divorced, we can draft all the necessary documents within 48 hours – online and at a predetermined price. If, on the other hand, you’re just not sure where you stand, for example in probate proceedings, you might be more likely to get a response from a solicitor.
Oceňuje se podle cen aktuálních v době vypořádání, nikoli podle původní hodnoty.
Ne vždy – soud může přihlédnout k tomu, jak se kdo podílel na chodu rodiny.
I tyto investice je třeba při vypořádání zohlednit a vyrovnat.
We will walk you through the whole process step-by-step from filing to court approval. Will will also ensure the best possible settlement for you, your children and your property. We proceed quickly, discretely and with experience. You may also pay after services are provided.
Lucie understands the legal profession like few others, and she defends the interests of her clients both inside and outside the courtroom. Lucie has won hundreds of disputes, and her role on our team is to ensure the smooth and effiecient transfer of real properties. She is also experienced in both civil law and family law.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
