How can the existence of a so-called family household complicate the sale of a property owned by one spouse?
Before the actual sale, it is crucial to understand the difference between sole ownership and community property. Real estate can be owned exclusively by one spouse if it was acquired before the marriage, inherited, donated or acquired in some other way that the law defines as a reason for exclusive ownership by only one spouse. However, real estate acquired during the marriage is usually part of the community property of the spouses, with exceptions provided for by law.

Sole ownership vs. community of property
The family home and its legal protection
What is a so-called family household? You are talking about a family home if your property serves as a place where the family lives and resides. Therefore, if the property is a family home as defined by law, other legal aspects come into play that limit the rights of the sole owner of the property. Although the property is the property of only one spouse, the law provides special protection to the other spouse in order to avoid situations where the sale of the property could disrupt the stability of family life.
According to Article 747 of the Civil Code, the owner of real estate used as a family home cannot sell or encumber it without the consent of the other spouse. This consent is required whether or not the other spouse has ownership of the property. This requirement for consent is necessary to ensure that the sale of the property does not jeopardise the family's home and livelihood.
Consequences of lack of consent
If one spouse, as the owner of the property, sells the property without the other spouse's consent, there can be serious legal consequences. Under the Civil Code, the other spouse can challenge the sale in court and seek to have the sale declared void. In this way, not only the interest of the other spouse is protected, but also the interest of the children and the whole family in preserving the family home.
It should be borne in mind that the protection of the family home applies not only to the sale, but also to other legal actions concerning the property, such as the creation of a mortgage or the rental of the property.
Practical steps when selling and buying a property
If you are the sole owner of a property in which a family household exists, you must obtain the other spouse's written consent to the sale. This consent should be unambiguous and specify the conditions under which the other spouse is willing to approve the sale. The most ideal scenario is that the other spouse will also sign the contract of sale serving to sell the property, as an intervener.
Since it is not possible to ascertain whether there is a matrimonial household in the property from the Land Registry, one should always be cautious when buying from an owner who is married. Thus, if you are buying a property from an owner who is married and claims that there is no family household in the property, have the seller incorporate this statement into the written purchase agreement, subject to penalty of a contractual penalty if the statement is found to be untrue.
The above methods can eliminate, or at least significantly reduce, the risk of potential problems associated with the existence of a family household in the property being sold/purchased. Otherwise, the declaration of invalidity of the concluded purchase contract may cause a lot of inconvenience for both the seller and the buyer, especially if the buyer will finance the purchase of the property with a mortgage loan.
Conclusion
The sale of a property owned solely by one spouse and used as a family home requires careful legal evaluation and consistency in the preparation of the contractual documentation for the transfer of the property. If the contractual documentation and the legal assessment of the situation are not properly set up, there can be very unpleasant consequences for both the seller and the buyer. Therefore, it is always advisable to consult with an expert when selling/purchasing a property so that the contractual documentation is properly set up and possible risks are eliminated as much as possible.
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Disclaimer:
The information contained in this article is for general informational purposes only and is intended to provide basic orientation on the subject matter in accordance with the legal framework as of 2026. While we strive for maximum accuracy, legislation and its interpretation evolve over time. We are ARROWS Law Firm, an entity registered with the Czech Bar Association (our supervisory authority), and for the maximum protection of our clients we carry professional indemnity insurance with a limit of CZK 400,000,000. To verify the current wording of applicable regulations and their impact on your specific situation, please contact the author of this article or another qualified professional.
