BSM (Community Property of Spouses) if the spouses do not live in a common household

The origin of the community property of spouses is tied to the conclusion of the marriage, regardless of the fact whether the spouses live or do not live in a common household. Although Act No. 36/2005 Coll. on the Family, as amended (hereinafter referred to as the “Family Act”), in the provision of Section 18 includes the obligation of spouses to live together and be faithful to each other among marital duties, this is a so-called legal norm without a sanction, meaning that if the spouses do not live together, they face no penalty under the Family Act. Therefore, even the provisions of the Civil Code do not tie the duration of the community property to cohabitation in a common household, but only to the duration of the marriage as such.

If you and your husband do not live in a common household, we recommend concluding one of the agreements modifying the community property, ideally an agreement on the origin of the community property as of the date of the termination of the marriage pursuant to the provision of Section 143a (2) of the Civil Code, or to conclude an agreement on the management of the common property pursuant to the provision of Section 143a (1) of the Civil Code.

Even in the case of selling things belonging to the BSM, it is not decisive whether the spouses live together in one household. In the case as you describe it, you will need your husband’s consent for the sale of the apartment (unless it is an apartment in your exclusive ownership, i.e., if you acquired it by gift, or before entering into the marriage, etc.) due to the fact that it is not a disposal of a routine matter. Indeed, the provision of Section 145 (1) of the Civil Code stipulates: “Routine matters concerning common things may be settled by either spouse. In other matters, the consent of both spouses is required; otherwise, the legal act is void.“ In this case, however, this is not a legal act that would be absolutely null and void, but it is merely a legal act that is relatively void. This means that your husband must invoke the relative voidness within the general 3-year limitation period. Until the moment he does so, the legal act will produce legal effects.