Do I need the other co-owners' consent to sell my share?

Generally no. A share can be transferred independently (§ 1123 of the Civil Code No. 89/2012 Sb.). The exception is the right of first refusal (przedkupní právo) for a share acquired by inheritance, which lasts 6 months from when co-ownership arises (§ 1124).

Can a majority of co-owners outvote me?

Yes, in ordinary management. A majority based on share size decides (§ 1128 of the Civil Code). For substantial changes, higher agreement is needed and the court may resolve disputes (§ 1129).

Must I pay costs for property I don't use?

Generally yes. Co-owners bear the costs of maintaining and managing the common property proportionally according to their shares. Any claims between you can be settled by agreement.

Can I sell just part of the house or land?

No. You sell the ideal share, not a physically defined part. Physical division of the property would require a settlement agreement or termination of co-ownership.

Can a creditor take my share because of my debt?

Your share can be subject to enforcement proceedings under the Enforcement Act No. 120/2001 Sb. and can be sold at auction. Addressing the situation early can help prevent this.

What rights and obligations do you have as a property co-owner?

Published 27 October 2026

A co-owner can use, sell, donate, or encumber their share and participates in managing the entire property. However, they bear a proportionate share of costs and cannot make decisions beyond ordinary management without other co-owners' consent. The framework is set by the Czech Civil Code No. 89/2012 Sb., specifically the co-ownership provisions.

Summary

You can dispose of your share independently – sell, donate, or pledge it – and generally do not need other co-owners' consent.
Ordinary management decisions are made by majority vote based on share size; the court can decide substantial alterations if agreement is not reached.
You bear the costs of maintaining the common property in proportion to your share.
The general right of first refusal for co-owners was abolished by recent amendment; it remains only for shares acquired by inheritance for 6 months (§ 1124 of the Civil Code).
To exit unwanted co-ownership, you can pursue a settlement agreement, court-ordered termination, or sale of your share.

How the law understands co-ownership

Co-ownership (spoluvlastnictví) arises when ownership rights to a single property belong to several people. It most commonly occurs through inheritance, divorce, or joint purchase. Each co-owner holds an ideal share – not a specific room or plot area, but a proportional interest in the whole. The rules are set out in the Czech Civil Code No. 89/2012 Sb., in the co-ownership provisions.

A share is a separate asset. This means you can dispose of it without other co-owners' involvement, but using and managing the property as a whole requires consideration of their rights.

Your rights: what you can do with your share

As a co-owner, you have the following key rights:

Use the common property in a way that does not exclude other co-owners. You cannot occupy a house or flat in a manner that prevents others from accessing it, unless you have a specific agreement.
Participate in management and voting according to the size of your share.
Claim a share of proceeds, for example rental income if the property is let out.
Transfer or encumber your share (§ 1123 of the Civil Code): sell, donate, or pledge it. You generally do not need consent from other co-owners.
Seek termination of co-ownership and settlement, including through court proceedings (§ 1140 et seq. of the Civil Code).

Ownership of a property passes to the new owner only upon registration in the Czech Land Registry (Katastr nemovitostí) according to the Cadastral Act No. 256/2013 Sb. The cadastral office must not decide before 20 days after notifying the owner; average registration time is around 22 days.

Management: who decides

The rule is simple but often causes disputes in practice:

Ordinary management (minor repairs, maintenance, standard letting arrangements): decided by a majority calculated according to share size (§ 1128 of the Civil Code). Voting is weighted by share size, not by number of people.
Substantial alterations (major renovation, change of use): require higher agreement. If not reached, the court may decide on a co-owner's application (§ 1129 of the Civil Code; proceedings follow the Code of Civil Procedure No. 99/1963 Sb.).

Practical example: You have inherited a house with two relatives who jointly hold a larger share. They can decide to let out a spare room, but they cannot unilaterally make a major rebuild without you. Building works are also governed by the Building Act No. 283/2021 Sb.

Your obligations

Rights are balanced by obligations:

Bear the costs of maintaining and managing the common property proportionally according to your share. If one co-owner pays for necessary repairs, they can claim their share from the others.
Not restrict others in their use beyond what the law or agreement allows.
Respect majority decisions on ordinary management, even if you disagree.
Observe agreed rules on use; a written agreement is always safer as evidence.

If a co-owner persistently fails to pay their share of costs, they incur a debt that can be enforced through court proceedings.

What you cannot do with your share or what is restricted

Independent disposal of your share has limits:

You cannot sell a specific physical part, such as a single room or part of the garden. You transfer the share, not a defined physical portion.
You cannot act for the other co-owners or decide unilaterally on substantial changes to the property.
For a share acquired by inheritance, other co-owners have a right of first refusal (předkupní právo) for 6 months from when co-ownership arises (§ 1124 of the Civil Code). The general pre-emption right for co-owners was otherwise abolished by recent amendment. Details are in the article on co-owners' right of first refusal.
Creditors can attach your share for debts. Under the Enforcement Act No. 120/2001 Sb., your share can be sold at public auction; the minimum bid is two-thirds of the estimated price (§ 336e of the Code of Civil Procedure, applied proportionally in enforcement). In insolvency, the Insolvency Act No. 182/2006 Sb. applies.

Sale of your share and practical risks

You can sell your share to anyone, but the market for shares is narrower than for whole properties. Shares typically sell at a discount because they are less usable. Price depends mainly on practicality, not simply proportional value of the whole. An appraisal of the share will guide you.

When selling, watch out for:

The contract must be in writing; the buyer becomes owner only upon registration in the Land Registry.
Cash payments are limited to 270,000 CZK per day (Act No. 254/2004 Sb.). The proper procedure is payment via a law firm's escrow account.
Transfer tax on property acquisitions was abolished (Act No. 386/2020 Sb.).
Income tax on the proceeds is governed by the Income Tax Act No. 586/1992 Sb.; generally the test includes holding period and residential use. Check your specific situation with the Tax Office or a tax adviser.

When co-ownership no longer works

If you cannot agree with others, you have three main options. First, a settlement agreement – for example, one co-owner buys out the others' shares. Second, court termination of co-ownership (§ 1140 et seq. of the Civil Code), which takes longer and the outcome is not guaranteed. Third, sale of your own share, which removes you from the relationship without needing agreement from others. A comparison is in the overview of co-ownership settlement.

When we acquire a share, a written offer with a price justification is prepared within 24 to 48 hours; we do not contact other co-owners unless necessary, and legal fees and escrow are included. Appraisal is free and non-binding; no ownership deed is needed initially. Key questions are answered in our frequently asked questions, or return to the home page.