Can a Co-Owner Forbid Me from Using a Shared House or Flat?
Published 12 October 2026
No, a co-owner cannot unilaterally forbid you from using jointly owned property. Under the Czech Civil Code (Act No. 89/2012 Coll., Section 1126 ff.), every co-owner (spoluvlastník) is entitled to use the shared property, and if co-owners cannot agree, a court may decide how it is to be used. Use can be resolved on its own, without dissolving the co-ownership.
Summary
- A co-owner has no right to exclude you from the whole shared property; your right to use it derives from your share.
- First establish whether an agreement on use exists between you, or whether use is governed only by the size of your shares.
- Proceed step by step: written notice, negotiation of an agreement, and only then a court application to regulate use.
- A dispute over use does not require dissolving the co-ownership; selling your share is only one option.
What the law says about the right to use a shared property
Co-ownership does not mean the property belongs to whoever happens to live in it or hold the keys. Each co-owner owns an undivided share (ideální podíl) in the whole property, and the Civil Code, Act No. 89/2012 Coll. (Section 1126 ff.), gives them the right to use the property and enjoy its fruits. However, this right must not interfere with the equal rights of the other co-owners.
Two conclusions follow. A co-owner cannot completely exclude another without a legal reason, for example by changing the locks and refusing to let them in. At the same time, you cannot expect to use the entire property alone and shut the others out yourself. The exact scope depends on any agreement and, failing that, on the proportion of the shares and the nature of the property.
Use according to shares, or an agreement on use
There are two basic regimes:
- Use without an agreement – each co-owner may use the property to an extent corresponding to their share. With a single house or flat this is hard to apply in practice, because the property cannot be physically divided according to shares.
- Agreement on use – co-owners may arrange use however they wish: who occupies which rooms, who has the garage or garden, or whether one uses the whole and pays the other compensation. We recommend concluding the agreement in writing.
If an agreement exists, what it says and whether the other party complies with it are crucial. If none exists, your position is clearer: you are entitled to use the property, and refusing you entry interferes with your rights.
Step-by-step procedure
- Map the situation. Write down since when, how and for what reason you have been prevented from using the property (changed locks, refusal to hand over keys, ban on entry). Keep messages and emails.
- Verify your share. Request a current extract from the katastr nemovitostí (Czech Land Registry); it is publicly accessible through the service of the Czech Office for Surveying, Mapping and Cadastre (nahlížení do katastru).
- Send a written notice. State that you are a co-owner, that you are entitled to use the property, and ask to be allowed access or for talks on regulating use. Set a reasonable deadline and send the notice in a provable way (registered letter, data box – datová schránka).
- Propose an agreement on use. Be specific: which areas, under what regime, who pays running costs, and what compensation applies if someone uses a larger part.
- File a petition with the court. If no agreement is reached, you can turn to the district court (okresní soud) in whose district the property is located (Civil Procedure Code, Act No. 99/1963 Coll.). The court may regulate the use of the shared property.
Consider whether a lawyer or mediation could help before going to court; you can also seek advice on next steps in our advice centre.
What to submit to the court
The success of a petition depends on precise documentation. In particular, prepare:
- an extract from the Land Registry proving your share and that of the other co-owner,
- the document by which you acquired the property (a purchase contract, a certificate of inheritance, or a decision on the settlement of marital property),
- any existing agreement on use,
- your written notice and proof of its delivery, including any reply,
- evidence that you were prevented from using the property – messages, neighbours' witness statements, photographs, or a record of police intervention,
- a description of the property (layout, number of rooms) and your specific proposal for how it should be used.
The court assesses what is reasonable, so it is wise to frame your petition realistically rather than as a demand for exclusive use.
Use can be resolved without dissolving the co-ownership
A common misconception is that the only way out of a dispute is to dissolve the co-ownership. Regulating use is a separate issue: the court may determine how the property is used while you remain a co-owner. Dissolution and settlement of co-ownership under Section 1140 ff. of the Civil Code is a more serious step with different consequences, described on our page about settlement of co-ownership.
If your co-owner agrees neither to an arrangement nor to a sale, read what you can do. A special situation is also a share after divorce, where the use of a shared flat or house is often the main subject of dispute.
Offering your share for sale as one option
If living together in the shared property no longer works in the long term, you may consider selling your share. The general pre-emption right of co-owners (předkupní právo) has been abolished; it remains only for a share arising through inheritance, for six months from the creation of the co-ownership (Section 1124 of the Civil Code). A share can therefore usually be sold even without the other co-owner's consent.
Bear in mind that shares are traded at a discount because of their limited usability; the price is determined mainly by usability, not merely by the proportion of the value of the whole. Ownership passes only upon registration in the Land Registry (vklad do katastru nemovitostí; Cadastral Act No. 256/2013 Coll.). Our valuation is non-binding and free of charge, no title deed (list vlastnictví) is needed in the first step, and we do not contact the other co-owners until it is necessary. Details are on our page about buying out a share in a house. For possible tax consequences of a sale, consult the Financial Administration or a tax adviser.