Společné jmění manželů

Under Czech law

Společné jmění manželů (SJM) is regulated by § 708–§ 742 of the Civil Code (občanský zákoník, Act No. 89/2012 Sb.). By default it covers property acquired by either spouse during the marriage — salaries, the family flat, business profits — and debts taken on during it. Statutory exceptions in § 709 include gifts and inheritances received by one spouse, items of personal use, and compensation for personal injury.

The regime is not mandatory. Spouses (or engaged couples) can narrow it, expand it, or postpone it entirely by notarial deed under § 716 — the "smluvený režim". On divorce, the SJM must be settled; § 742 starts from equal shares but lets courts weigh care for children and how each spouse contributed. If no settlement happens within three years, § 741 imposes a statutory default split.

A practical example

A woman founds an s.r.o. during her marriage using joint savings. The business ownership interest falls within the SJM even though only she is registered as shareholder. On divorce, her husband is not a co-owner of the company, but the value of the share belongs in the settlement — often the single largest and most disputed item.

When you need a lawyer

Before the wedding if one partner runs a business or carries debt (a notarial property regime is cheap insurance), and at divorce in every case where the SJM holds a home, a company, or loans. Valuation and the three-year settlement deadline are where people lose real money.