What should you do if your spouse sells something from the marital property without your consent? Is it possible to prevent this? And can such actions be taken into account when settling the marital property?
In general, spouses jointly own everything they acquire during the marriage. Exceptions include, for example, gifts or inheritance. (We write in more detail about what is and isn’t part of marital property here)
Who Can Manage Marital Property
Marital property can be managed by both spouses or by just one of them. It is important to distinguish between ordinary and non-ordinary matters. Keep in mind that what is “ordinary” or “non-ordinary” differs for each couple and can change over time.
- Non-ordinary matters – transactions that spouses do not usually carry out, such as selling a family car, an investment apartment, or withdrawing a large amount from savings.
- Non-ordinary matters – transactions that spouses do not usually carry out, such as selling a family car, an investment apartment, or withdrawing a large amount from savings.
For a “non-ordinary” matter, spouses must act together – either jointly or with the explicit consent of the other spouse.
When One Spouse Acts Without the Other’s Consent
Problems arise when one spouse disposes of marital property without the other’s knowledge or against their will.
The spouse who was left out must act proactively. Silence in these cases is considered consent – making the action valid. It is necessary to challenge the relative invalidity of the specific legal action; otherwise, it remains valid.
How to proceed
Invalidity must be asserted in time against both parties – that is, against your spouse and the third party involved (e.g., a buyer). If the item has already been sold, legal protection is still possible – for example, through a declaratory lawsuit, which restores the original state as if the unauthorized transaction had never occurred.
Practical Example: Motorcycle Sold Below Value
The marriage was failing, and divorce was imminent. Shortly before the divorce, the husband bought a motorcycle with joint funds for CZK 120,000. A few months later, he sold it – but only for half of the original price.
The wife did not consent to the sale but never formally protested. During the division of marital property after the divorce, she requested that the usual market value of the motorcycle at the time of divorce be taken into account. She had an expert appraisal done, which showed that the motorcycle would have been worth CZK 140,000 at the time of divorce.
However, the court did not only consider the price of the motorcycle but also how the wife reacted at the time of the sale. If she had objected to the sale then, clearly communicating to her husband and the buyer that she did not consent, the sale below value would not have occurred. In the settlement, the current value of the motorcycle (CZK 140,000) would have been split.
Because the wife did not protest at the time, the sale was valid – even though it was disadvantageous. The spouses only split what the husband actually received for the motorcycle – CZK 60,000.
This example shows that timely action and clear objection are crucial for invalidating unauthorized handling of marital property. It fundamentally affects the settlement of marital property.
How to Defend Against a Spouse “Transferring” Assets
If serious disagreements arise and one spouse starts transferring or selling joint assets, it may be necessary to consider divorce and the division of marital property. We write in more detail about marital property division here.
Divorce causes the marital property to terminate for the future – after divorce, spouses acquire and manage their property separately. The division of marital property concerns assets acquired and liabilities incurred during the marriage.
If immediate divorce is not possible (e.g., due to child custody proceedings), we recommend:
- agreeing to a regime of separate property through a notarial deed, or
- requesting the court to limit or dissolve the marital property.
The court may do so if there is a serious reason – for example, one spouse’s wastefulness, irresponsible handling of joint assets, or risky investments (e.g., gambling, betting, etc.).
Conclusion: The Law Favors the Vigilant
In marital property, it is not enough to disagree silently. Anyone who wants to protect their share must act promptly. The law favors the vigilant – and in such cases, it truly pays to speak up. If you are concerned that your spouse is disposing of joint assets without your knowledge, contact us – we will help you resolve the situation legally and protect what matters to you.
