Joint marital property
Joint marital property arises exclusively between spouses. Other people cannot agree to establish such a regime between themselves, regardless of the length or nature of their cohabitation. Partners living in the same household without being married are therefore in a completely different position regarding property rights, which can lead to unpleasant surprises, particularly when the relationship ends or one partner dies.
What is and is not included in joint marital property
Upon marriage, things acquired by either spouse belong to both spouses jointly and undividedly. No ownership shares are specified for things acquired in this way; it cannot therefore be said that one half belongs to one spouse and the other half to the other. Each thing belongs to both in its entirety.
Section 143 of the Civil Code, however, exempts five categories from this rule: things acquired by inheritance; things acquired as gifts; things which, by their nature, serve the personal needs of only one spouse; things which, by their nature, serve only one spouse in the exercise of their profession; and things returned under restitution legislation to a spouse who owned them before marriage or to whom they were returned as the legal successor of the original owner. Property acquired before marriage is, by its nature, also excluded.
Two of these exceptions are overlooked in practice. Tools, equipment or a vehicle used exclusively for one spouse’s profession do not become joint marital property even if purchased with joint funds—although a claim arises for reimbursement of what was spent from joint property.
Three permitted modifications
Spouses may depart from the statutory rules by an agreement permitted under Section 143a of the Civil Code in three respects. They cannot agree that joint marital property will not arise at all during their marriage; they may, however, modify its scope, the time at which it arises and the manner in which joint property is administered.
The first option is to change its scope. Spouses can expand or narrow the scope prescribed by law so that things otherwise excluded are included, or, conversely, things otherwise included by law are excluded. A typical example of expansion is a spouse inheriting a family house from their parents: the property would not form part of joint marital property, and an agreement to expand its scope is needed if the other spouse is also to become an owner. The converse example is a motor vehicle acquired during marriage using joint savings which, in accordance with the spouses’ wishes, is to belong to only one of them; the agreement then narrows the scope by excluding that vehicle.
Under the established interpretation, such an agreement operates only prospectively. It cannot therefore apply to things already acquired: if spouses have already acquired real estate as joint marital property during their marriage, they cannot subsequently conclude an agreement narrowing its scope that would make the property the exclusive property of one of them. Other legal mechanisms, especially settlement after joint marital property ceases to exist, are used to deal with property already acquired. It should be added that this rule is not expressly stated in Section 143a but follows from its interpretation.
The second option is to modify the time at which it arises. By law, joint marital property arises upon marriage; by agreement, its commencement may be deferred until the date the marriage ends. During the marriage, spouses then acquire things as their exclusive property and may dispose of them freely without the other spouse’s consent. When the marriage ends—whether through divorce or death—all things that would otherwise have formed part of joint marital property become part of it and are subject to settlement.
The third option is to modify how joint property is administered. Spouses may agree that they will administer it only jointly or, conversely, that only one of them will administer it. This option is often overlooked, although it addresses precisely the situations that lead to disputes in practice: who decides on transactions beyond ordinary management, and what happens if the spouses disagree.
Form of the agreement
Under Section 143a(3), agreements by which spouses depart from the statutory rules must take the form of a notarial deed. This is a statutory requirement, not a recommendation. If this form is not observed, the agreement is absolutely invalid: it is treated as though it had never been concluded, joint marital property continues to be governed by the statutory rules, and the court considers the invalidity of its own motion. An agreement drawn up from a template downloaded from the internet and bearing officially certified signatures therefore has no legal effect.
Effects on third parties
The agreement takes effect between the spouses without further conditions. Its enforceability against third parties is limited, however: under Section 143a(3), in fine, spouses may invoke the agreement against another person only if that person is aware of it.
This restriction is of considerable practical importance and is often overlooked when considering how to protect property. Slovak law provides no public register of agreements modifying joint marital property that a creditor or contracting party could consult. If you wish to rely on the agreement against a bank, supplier or other contracting party, you must demonstrably notify them of it, preferably when concluding the relevant contract. An agreement simply kept among personal documents will not achieve its purpose in relation to third parties.
Proposed recodification
The property relations of spouses are addressed in the draft of a new Civil Code, which is undergoing the legislative process and is proposed to take effect on 1 July 2027. Under the draft, the term joint marital property is to be replaced by the term spouses’ joint estate, which, unlike the current regime, encompasses not only assets but also liabilities. It is also envisaged that agreements governing property relations could be concluded not only by spouses but also by engaged couples.
This remains a draft, and its final form has not been settled. Agreements concluded under the current rules are not affected, but those making decisions with a longer-term horizon should be aware of the proposed change.
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We will draw up an agreement in a legally valid form Whether you want to expand or narrow the scope of joint marital property, defer its commencement or modify the administration of joint property, we will discuss with you what is possible in your circumstances and what the consequences will be—including its effects on creditors and contracting parties. Notary Office, Stará Vajnorská 8, Bratislava III. |
Legislation cited in this article
Act No. 40/1964 Coll., the Civil Code—Section 40(1), Section 40a, Section 143, Section 143a(1) to (3), Section 147, Section 148 et seq., Sections 149 and 150 (settlement)
Act No. 323/1992 Coll. on Notaries and Notarial Activities (Notarial Code)—Section 46 et seq. (notarial deeds concerning legal acts)
Draft new Civil Code—in the legislative process, proposed effective date 1 July 2027
This text reflects the law as at 30 September 2026. It is for information purposes and does not replace legal advice on a specific matter. Current fees can be found in the office’s fee schedule.
JUDr. Martin Vlha, PhD., notary · Notary Office, Stará Vajnorská 8, Bratislava III
