Buying a flat in Prague with a partner: joint ownership choices

The cadastre does not record how you feel about each other. It records how you own. Two people who sign the same purchase contract on the same day can walk away with very different legal positions, depending on whether they are married, whether they have a marital property contract, and how the share is written in the deed. Most couples never look at this until a loan, a death or a separation forces the question.

This explainer sets out the choices open to a couple buying a flat in Prague, including couples where one or both are foreigners. It describes how the law works. It does not advise on your case, and a notary or lawyer should draft the paperwork.

Three common arrangements

Joint marital property. Spouses in Czechia have a statutory property regime. Property acquired by either spouse during the marriage generally falls into the joint marital property (společné jmění manželů, SJM), whoever paid and whoever signed. The cadastre records both spouses as owners of the whole, not each of a half. Neither can dispose of a flat in the SJM alone in the matters that go beyond ordinary management, and the family home needs the consent of both. The details are in the Civil Code, and the rules apply unless the spouses have agreed otherwise in a contract.

Co-ownership by shares. Any two people can be co-owners (spoluvlastníci) of a flat, each with a defined share: one half and one half, or two thirds and one third, or any ratio they agree. Unmarried partners usually choose this form. Each can sell, give away or mortgage their own share. The share is recorded in the cadastre as a fraction, and the owners need an agreement on how the flat is used, who pays what and what happens on exit.

One partner as sole owner. The simplest case legally, and the riskiest for the other partner. The non-owner has no title, no vote on a sale and no automatic claim if the relationship ends. If the partner contributes money, document it as a loan, a gift or a contribution towards a share.

What changes with a marital property contract

Spouses, and couples about to marry, can modify the statutory regime by a marital property contract (smlouva o manželském majetkovém režimu). It is valid only as a notarial deed (notářský zápis), so a notary drafts and records it, and it can be entered in a public list kept by the Chamber of Notaries so that it also binds third parties (as of 2026; check with a notary). The contract can exclude property from the SJM, extend it, or postpone its creation until the marriage ends. A couple that expects one spouse to buy with a prior inheritance or with proceeds from a sale abroad may want that flat to stay out of the SJM. Without a contract and without clear proof of the source, the default rule can pull the flat into the SJM even when only one spouse paid for it.

Foreign couples face an extra question: which country's law governs the marital property at all. For couples who married on or after 29 January 2019, or who chose a law after that date, Czech courts and notaries apply EU Regulation 2016/1103 on matrimonial property regimes. Spouses may choose the law, within limits (broadly the law of a country where one of them lives or whose nationality one of them holds). Without a choice, the law of their first common habitual residence after the wedding applies, then their common nationality, then the country with the closest connection. Take a hypothetical couple who married in Lyon and set up their first home there: they may own their Prague flat under French rules, not under the SJM. Older marriages follow the earlier conflict rules (check with a notary). If you married abroad, get advice before you sign. Our piece on Czech notaries, lawyers and escrow explains who does what.

Unmarried couples and the 2025 partnership regime

Cohabiting partners without a marriage have no statutory property regime between them. What counts is the cadastre entry and any written agreement. A written co-ownership agreement should address use of the flat, who pays charges and repairs, what happens if one wants to sell, and how contributions to the purchase price are treated.

Registered partnerships were replaced from 1 January 2025 by the "partnership" (partnerství) in the Civil Code, with existing registered partnerships converted and marriage provisions, including joint property, applying by analogy (as of 2026; check the Ministry of Justice). Our explainer on same-sex couples, partnership and marriage law sets out that position. Adoption and some other rights differ from marriage, so ask for advice specific to your situation.

The right of first refusal and exit

Since 1 January 2018, co-owners of real estate have a statutory right of first refusal (předkupní právo) when one of them transfers a share (§ 1124 of the Civil Code). The share must be offered to the other co-owners first, unless it goes to a close person (osoba blízká), such as a relative in the direct line, a sibling or a spouse. Whether an unmarried partner counts as a close person depends on the relationship, so do not assume it either way. Co-owners can waive the right, with effect for later owners, and the waiver is recorded in the cadastre. For a couple, this matters on separation: if one wants out, the other can usually buy the share first, but cannot be forced to.

Plan the exit when you buy. Decide in writing who can stay in the flat if the relationship ends, how the share will be valued, and who pays off the mortgage. A couple who are both on the mortgage remain liable to the bank for the whole loan, whatever they agree between themselves. We explain that liability in joint mortgages in Czechia.

Inheritance and a will

If a co-owner dies, the share becomes part of the estate and passes by will or by the statutory order of heirs. An unmarried partner is not an heir in the first class, which is reserved for children and the spouse. Only if the deceased left no descendants does the partner come in, in the second class, and then only if the two had lived in a shared household for at least one year before the death and the partner looked after that household or was dependent on the deceased for support (§ 1636 of the Civil Code). Even then the partner inherits alongside the deceased's parents (and any spouse), not instead of them. A will is therefore the reliable tool for partners, within the limits set by children's forced shares (check with a notary). In a block with an owners' association, the heirs inherit the share together with the rights and duties attached to it. Our guide to Czech condominiums and the SVJ explains those duties.

What goes into the cadastre

Ownership changes only on registration, and the registry will not register before a 20-day protective period after owners are notified. The fee is CZK 2,000 per application (as of 2026; check ČÚZK). The names, the form of ownership and the shares in the application must match the contract. Our guide to buying an apartment in Czechia walks through the sequence, and the ownership extract lets you check the result.

For foreign buyers, the practical steps are summarised in the Hypoteky.com guide to buying property in Czechia as a foreigner. If you are borrowing, the first-mortgage guide on Hypoteky.com sets out the stages of a first loan.

Frequently asked questions

Frequently asked questions

Can I buy a flat with my unmarried partner?

Yes. You are registered as co-owners with shares you agree, often half each. A written agreement on use and exit is advisable.

If I buy before the wedding, is the flat joint marital property?

Not as a rule. Property acquired before the marriage generally stays with the buyer, though the position can change in particular cases. Ask a notary.

Can one co-owner sell the whole flat?

No. A co-owner can sell their own share, subject to the others' right of first refusal. Selling the whole flat needs everyone.

Do both of us have to sign the mortgage?

Banks normally require all owners to be involved, either as co-borrowers or in another form. Ask the lender.

A practical next step

Before you reserve the flat, write one page that answers four questions: who owns what, who pays what, what happens if one of you wants out, and what happens if one of you dies. Take it to a notary or lawyer, and ask them to turn the answers into the contract.

This is a general explainer, not legal, tax or mortgage advice.