2.1. Please describe the general principles: Which goods are part of community property? Which goods are part of the separate estates of the spouses?

The statutory matrimonial property regime in the Czech Republic is the joint property of spouses, which is governed by the Civil Code (Act No. 89/2012 Coll.).

A more detailed delimitation of the joint property may be found in Sections 709, 710 and 3040 of the Civil Code, according to which the joint property of spouses includes:

• Assets acquired by one or both of the spouses together during their marriage, with the exception of assets that:
  • serve the personal needs of one of the spouses,
  • were acquired as a gift, inheritance or legacy by only one of the spouses, unless the donor while donating or the deceased in his/her last will manifested a different intention,
  • were acquired by one of the spouses as compensation for other than proprietary harm to his/her natural rights,
  • were acquired by one of the spouses by a legal act relating to his/her exclusive property,
  • were acquired by one of the spouses as compensation for damage, destruction or loss of his/her exclusive property,
  • were rendered on the basis of restitution legislation to the spouse who had owned them prior to the marriage, or is the legal successor of their original owner.

The joint property of spouses also contains the profit deriving from a spouse’s personal property, as well as the spouse’s share in a company or cooperative, if the spouse became associate of the company or member of the cooperative during the marriage (unless the acquisition of the share came under one of the above-mentioned exceptions). 2) Liabilities incurred by the spouses during their marriage, unless: a) they are related to assets in exclusive ownership of only one of the spouses and their extent exceeds the profit deriving therefrom, or b) they were assumed by only one of the spouses without the approval of the other, without it being a matter of providing for everyday or common needs of the family.

2.2. Are there legal assumptions concerning the attribution of property?

The Czech law currently does not provide for such an assumption.

2.3. Should the spouses establish an inventory of assets? If so, when and how?

There is no provision that makes it obligatory to establish an inventory of assets. Nevertheless, it is advisable to make an inventory in connection with the division of the spouses’ joint property in case of its termination (by dissolution of the marriage or death of one spouse).

2.4. Who is in charge of the administration of the property? Who is entitled to dispose of the property? May one spouse dispose of/administer the property alone or is the consent of the other spouse necessary (e.g. in cases of disposal of the spouses’ home)? What effect does the missing consent have on the validity of a legal transaction and on opposability towards a third party?

Both spouses (or one of them, in accordance with an agreement) use and maintain jointly the assets which form part of their joint property. The routine management of assets which are part of the joint property may be carried out by either of them (e.g. settlement of common household matters, payment of regular obligations such as rent and connected services, food, purchase of ordinary consumer items). In matters concerning the joint property of spouses that are not ordinary (e.g. transfer of real estate property or assets of a higher value or mortgaging of real estate property), the consent of both spouses is required. If one of the spouses refuses to consent without good reason or is not able to express his/her will, his/her approval may be replaced by the court on the proposal of the other spouse. If one of the spouses acts without the consent of the other spouse in cases where the consent of both spouses is required, the other spouse may seek a declaration of such act to be invalid (Sections 713 and 714 of the Civil Code); however, if he/she fails to seek its invalidity, the act remains in effect (Section 586 para. 2 of the Civil Code). These provisions only apply if not modified by a marriage contract or a court decision.

2.5. Are any legal transactions made by one spouse also binding on the other?

Both spouses are jointly and severally entitled and obliged from legal acts concerning their joint property which were performed by one of them within the scope of the routine management (Section 713 para. 3 of the Civil Code).

2.6. Who is liable for debts incurred during the marriage? Which property may be used by creditors to satisfy their claims?

Both spouses are jointly and severally liable for debts which relate to their joint property (Section 713 para. 2 of the Civil Code). These debts can be satisfied from the joint property of the spouses or from the exclusive property of each spouse.

The marriage contract can exclude the joint and several liability of the spouses for debts, but such an agreement has effect towards third parties only if the third party agrees with it (Section 719 para. 2 of the Civil Code) or if it is registered, at the request of both spouses, in the public register of marriage contracts (Section 721 para. 1 of the Civil Code).

The spouses remain independently responsible for the debts which do not form part of the joint property of the spouses, i.e. in principle:

• debts related to their exclusive property, to the extent exceeding profits from these assets, 
• debts taken over by one of the spouses without the consent of the other and which do not satisfy everyday family needs, 
• debts arising from the misconduct of one of the spouses, 
• debts to the state and public authorities, 
• debts incurred before marriage.

In enforcement proceedings, these debts (excluding debts incurred before marriage) may be satisfied not only from the exclusive property of the liable spouse, but also from the joint property of the spouses.

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