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Property of Spouses

  1. We provide full legal counselling in respect of matrimonial ownership (MO) /undivided co-ownership of spouses/ issues
  2. We can prepare the agreement on reducing or widening of matrimonial ownership in the form of a notarial deed
  3. We can prepare the agreement on settlement of matrimonial ownership after the dissolution of marriage

There is no institute of pre-marital agreement in Slovakia. Although it does not mean that you cannot protect your property. In such case it is necessary to visit a notary who can reduce or widen matrimonial property. The main difference - compared with pre-marital contract - is that such contract can be concluded only after concluding marriage.

MO contains everything that can be the subject of ownership and that was acquired by one of the spouses during marriage, excluding objects acquired upon donation or inheritance, objects that in respect of their character serve for personal needs or for the performance of one of the spouse's profession, who owned the object before concluding marriage or to whom the object was granted as legal successor of the initial owner.

The spouses can arrange the extent of MO specified by law upon agreement by widening or reducing it. Except widening and reducing MO, the spouses can agree that MO shall be bound to the day of marriage dissolution.

In practice MO reduction cases are the most frequent, mainly if one of the spouses starts a business or in case of a real estate purchase bought from the money of only one of the spouses. In such cases the notary draws up a notarial deed, where based on agreement those objects are excluded from MO that would otherwise belong to the MO.

Widening of matrimonial ownership (MO) means that MO shall - based on a contract on widening of MO - contain even those objects that would otherwise not belong to the exclusive ownership of only one of the spouses, e.g. objects acquired upon donation or inheritance.

Condition of validity that contributes to legal security is the obligation to conclude such agreements in the form of a notarial deed.

Upon marriage dissolution MO expires. One of the methods of MO settlement after the dissolution of marriage is settlement upon agreement. Upon drawing up an agreement on settlement of MO at a notary you are safe that the instrument is written by a professional who provides spouses with advice concerning the arrangement of ownership relationships and that the instrument shall contain all formal and contentual elements.

The notary, as a person authorized by the state, ensures that the contract concluded before him is impartial and has legal force even in case of future disputes.

Documents required:

  1. Valid identification document - e.g. ID card, passport, permit for long-term stay of foreign nationals (driver's license , police confirmation on ID card hand-over and application for the issuance of a new ID card, health insurance card do not serve as identity cards)
  2. Certificate of Marriage
  3. Lawful decision on dissolution of marriage