Co-ownership share

Co-owners own a thing jointly (Section 1115 of the Czech Civil Code), and each of them is the full owner of their own share (Section 1121). The share expresses how much a co-owner takes part in decisions about the common thing and in the rights and duties arising from it (Section 1122). On the title sheet (LV), the share is listed in part A for each co-owner, usually as a fraction such as 1/2.

How to read it

The size of a share follows from the contract, inheritance or other fact on which the co-ownership is based. If nothing follows from it, the shares are presumed to be equal (Section 1122). A co-owner may deal with their share as they wish, for example sell it, but must not harm the rights of the others (Section 1123). Co-owners decide on ordinary management by majority vote, and on major matters, such as a substantial improvement or a change of purpose, by at least a two-thirds majority (Sections 1128 and 1129).

Shares in flats

With a flat owned as a unit, the unit includes a share in the common parts. The land under the building, its main structures and installations serving other owners as well are always common (Sections 1159 and 1160). Unless set otherwise, shares follow the ratio of the flat's floor area to that of all flats in the building (Section 1161). The share sizes are set in the owner's declaration.

What to watch out for

A title sheet is created for properties with the same owners. Land or a driveway co-owned with other people may therefore be on a different LV than the house itself. If co-ownership arose, for example, through inheritance, the other co-owners have a right of first refusal to a share being transferred for six months from the start of co-ownership (Section 1124).

Frequently asked questions

Can a co-owner force me to stay in co-ownership?

No. Nobody can be forced to remain a co-owner, and every co-owner may ask to leave the co-ownership or to dissolve it, though not at an inappropriate time or solely to the detriment of the others (Section 1140).