Ownership and property rights

Co-ownership share (spoluvlastnický podíl)

In Czech: Spoluvlastnický podíl

A co-ownership share (spoluvlastnický podíl) expresses the extent to which a co-owner shares in the whole property, such as 1/2 or 1/4 of a house or plot. It is not a specific room or piece of land.

Also called: share, notional share, spoluvlastnický podíl, podíl

What it means

Co-ownership (spoluvlastnictví) arises when several people own one property. Each holds a co-ownership share (spoluvlastnický podíl), which the land register records as a fraction such as 1/3. The share is notional: it does not say which room or part of the garden belongs to whom, only to what extent each co-owner shares the rights and duties relating to the whole property.

Do not confuse it with the share in the common parts of a building that forms part of every unit in a block of flats (Section 1159 of the Civil Code), or with the community property of spouses (společné jmění manželů), where spouses have no shares. Shares offered on their own appear in listings for inherited houses, plots, garages or access roads, for example.

How it works in the Czech Republic

A co-owner may dispose of their share, for example sell or donate it. The contract must be in writing and the buyer becomes a co-owner only on entry in the land register. A statutory right of pre-emption for the other co-owners applies only where the co-ownership arose from a disposition upon death, such as a will: they then hold it for six months from the day the co-ownership arose (Section 1124, as of October 2026).

How the property is used and managed is a matter for agreement among the co-owners; if they cannot agree, the dispute can end up in court. A minority share generally does not let you decide alone who lives in the house or whether it is let.

Financing a share with a mortgage is usually more complicated than buying a whole property, so check the conditions with the bank in advance.

Practical example

For example, three siblings inherit a house under a will, a third each. Within six months the sister wants to sell her share to an outside buyer, so she must first offer it to the other two co-owners. Had she sold it to her brother, the pre-emption right would not apply.

What to watch out for

  • Check on the title deed (list vlastnictví) the size of the share, the other co-owners and any restrictions in part C.
  • Find out who actually uses the property and whether the co-owners have an agreement on its use.
  • For a share acquired by inheritance, check whether the six-month pre-emption period is still running.
  • Expect financing a share with a mortgage to be harder.
  • Shares are also sold at auctions (dražba, aukce); read the auction notice carefully before bidding.

Frequently asked questions

Can I sell my share without the other co-owners' consent?

Generally yes, and the contract must be in writing. If the co-ownership arose from a disposition upon death, the other co-owners have a pre-emption right for six months from its creation, except for transfers to another co-owner, a relative in the direct line, a sibling or a spouse.

Does a share give me a specific part of the house?

No. The share is notional and expresses your participation in the whole property. Who uses which part is for the co-owners to agree.

Is the share in the common parts of a block of flats the same thing?

No. That share is part of each unit in a building with flats and is not sold separately from the flat.

  • Right of pre-emption (předkupní právo)A right of pre-emption (předkupní právo) gives a particular person priority when a property is sold: an owner who wants to sell must first offer it to them. It can arise by law or be agreed in a contract.
  • Title deed (list vlastnictví)A title deed (list vlastnictví, LV) is the land register sheet that shows, for one cadastral area, who owns which properties and what burdens them, such as mortgages, easements or a pending change of ownership.
  • Acquisition of ownership (nabytí vlastnického práva)Acquisition of ownership (nabytí vlastnického práva) is the moment a person becomes the owner of a property. When buying property recorded in the land register, it happens on entry in the register, not on signing or paying.
  • Property auction (dražba)A property auction (dražba) is a legally regulated public sale in which the highest bid wins the property. It can be held, for example, as a public auction under the Public Auctions Act or as an auction within enforcement proceedings.
  • Mortgage (hypotéka)A mortgage (hypotéka) is a long-term housing loan secured by a lien on a property. The borrower repays it in regular monthly instalments, usually over many years.

Sources

Laws and official pages this text is based on (in Czech).

This text is for information only and has not yet been checked by a legal or financial expert. It is not legal, tax or financial advice. Verify important details in the listed sources or with a professional.

Updated 25 October 2026

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