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Co-owner not paying for house repairs: who bears the costs and how to recover their share

Published 12 October 2026

Co-owners bear the costs of managing and maintaining a jointly owned house in proportion to their shares. If you paid for a repair that had to be carried out, you can claim the other co-owners' portion, first by sending a statement of costs and a payment demand, and if necessary by suing in court. Everything depends on whether the work was necessary or routine maintenance rather than a substantial alteration, and on whether you have the paperwork.

Summary

  • Routine maintenance and necessary repairs are paid in proportion to ownership shares, while a substantial alteration usually requires a decision by the co-owners (Section 1126 et seq. of the Civil Code, Act No. 89/2012 Coll.).
  • You can claim back necessary costs you paid on another person's behalf; the basis is an itemised statement and supporting documents.
  • Send a written demand first, then, if needed, bring a claim under the Civil Procedure Code (Act No. 99/1963 Coll.).
  • Beware of limitation periods: do not put your claim off.
  • Repeated disputes may be ended by a settlement of co-ownership or by selling your share.

Who pays for repairs to a jointly owned house

Co-owners manage a jointly owned house together. The rules on management are set out in the Civil Code, Act No. 89/2012 Coll., in Section 1126 and the following sections. The basic principle is simple: the benefits and burdens of a jointly owned thing are divided according to the size of each share. Someone who owns half generally bears half of the costs, and someone who owns a third bears a third.

It makes no difference whether each of you actually uses the house. A co-owner who does not live there still contributes to necessary costs, because their share benefits from the repair, for example by preserving the value of the roof or façade.

Routine maintenance, necessary repairs and substantial alterations

To recover money successfully, it is essential to classify correctly what was actually done. The law distinguishes several situations.

Routine management and necessary measures

Routine management covers minor repairs, maintenance, inspections and the running of the house. Necessary repairs are those that prevent the property from being damaged or destroyed, such as fixing a leaking roof, an emergency failure of pipes or wiring, or structural stabilisation. In these cases you do not have to wait for everyone's consent, and it is reasonable to claim the costs from the others.

Substantial alteration

A substantial alteration is an intervention that changes the nature or purpose of the property or its essential characteristics, for example an extension, an additional storey, replacing the whole heating system with a completely different type, or changing the layout. For this, the law requires a qualified decision of the co-owners under Section 1126 et seq. of the Civil Code, Act No. 89/2012 Coll. If you carry it out without a proper decision, the others may refuse to pay their share, arguing that it was an unnecessary improvement they never wanted.

For building works, also check whether they require a permit or notification under the Building Act, Act No. 283/2021 Coll.

The legal basis for claiming reimbursement

Your claim is usually based on several related provisions of the Civil Code, Act No. 89/2012 Coll.:

  • rules on managing a jointly owned thing (Section 1126 et seq.) – the costs of management are borne by the co-owners proportionally,
  • management of another's affairs without authorisation (jednatelství bez příkazu, Section 3004 et seq.) – a person who incurred necessary costs for the benefit of another may claim them back,
  • unjust enrichment (bezdůvodné obohacení, Section 2991 et seq.) – where another co-owner has been enriched at someone else's expense without legal grounds.

Which basis is best depends on the circumstances. For more complex disputes we recommend consulting a lawyer; you can also find general guidance in our advice section on co-ownership shares.

Checklist of supporting documents

Disputes over reimbursement are won on documents. Before asking the co-owner to pay, prepare the following:

  1. invoices, receipts and proof of payment, ideally issued in your name;
  2. the contract for work or price quotation and the handover protocol;
  3. photographs of the condition before and after the repair, and where relevant an expert report or an incident report on the damage;
  4. written communication with the co-owners (emails, messages, letters) showing that they knew about the repair or agreed to it;
  5. an explanation of why it was necessary to act without delay;
  6. an extract from the Czech Land Registry (katastr nemovitostí) showing the size of each share;
  7. a statement of costs: total costs, the split by shares and the amount owed by the debtor.

Keep both the originals and copies. Without them it is hard to prove that the costs were actually and reasonably incurred.

Recovering the money step by step

Statement of costs and written demand

Prepare a clear statement of costs and send it to the co-owner in a way that can be proven, for example by registered post or to their data box (datová schránka, the official electronic mailbox). Set a reasonable deadline for payment and give your bank account number. This is often enough.

Agreement on instalments

If the other party cannot pay immediately, it may be practical to agree on instalments in writing. Such an agreement also strengthens your evidence.

Court claim

If the demand does not work, the remaining option is a claim for payment in court. Proceedings are governed by the Civil Procedure Code, Act No. 99/1963 Coll. A final judgment can, where necessary, be enforced through enforcement proceedings (exekuce) under the Enforcement Code, Act No. 120/2001 Coll.

Limitation periods

Claims become time-barred. The general limitation period and when it starts are set out in the Civil Code, Act No. 89/2012 Coll. (Section 629 et seq.), so do not wait long before enforcing your claim.

When it makes sense to end the dispute by selling your share

If unpaid repairs keep recurring, the co-owners cannot agree on management and every investment ends in a dispute, it may be better to end the relationship than to keep funding it. You have several options:

Bear in mind that a share trades at a discount because of its limited usability. The price is determined mainly by how usable the share is, not merely by its proportion of the value of the whole. A valuation is non-binding and free of charge, and at the first stage no ownership certificate (list vlastnictví) is needed. We do not contact the other co-owners until it is necessary.

For completeness: the general pre-emption right of co-owners (předkupní právo) has been abolished. It continues to apply only to a share created by inheritance, for six months from the creation of the co-ownership (Section 1124 of the Civil Code, Act No. 89/2012 Coll.). More details are on our page about the pre-emption right of co-owners. Check any tax consequences of a sale, such as the holding-period test or the residence condition, with the Financial Administration or a tax adviser (Act No. 586/1992 Coll.).

Frequently asked questions

Must a co-owner pay for a repair they did not agree to? ›

It depends on the nature of the repair. For a necessary repair that prevents the house from being destroyed or damaged, you can generally claim a proportionate share of the costs even without their consent. For a substantial alteration, a decision of the co-owners is essential (Section 1126 et seq. of Act No. 89/2012 Coll.), and without one the claim may be disputed.

How can I prove the repair was necessary? ›

Ideally with photographs of the condition before the repair, an expert report or a tradesperson's assessment, invoices and written communication with the co-owners. The sooner you informed them of the problem, the stronger your position.

Can I deduct the repair costs from another payment I owe the co-owner? ›

That depends on whether the conditions for set-off ( započtení ) under the Civil Code, Act No. 89/2012 Coll., are met. Without an agreement, it is safer first to itemise the claim in writing and ask for payment. If in doubt, consult a lawyer.

What if the co-owner has no money? ›

You can agree written instalments or, after a final court judgment, proceed to enforcement under Act No. 120/2001 Coll. Long-running disputes that cannot be resolved can be ended by a settlement of co-ownership or by selling your share.

How long until a claim for reimbursement becomes time-barred? ›

Limitation is governed by the Civil Code, Act No. 89/2012 Coll., from Section 629. The period and its start may differ depending on the nature of the claim, so do not delay your demand and consider consulting a lawyer.

Sources

This article is for information only and is not legal advice. Reviewed 12 October 2026.

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