What is and what is not part of the Matrimonial Property? What about prenuptial agreements? And how can the scope of the Matrimonial Property be adjusted during the marriage? We will answer these questions in this article. <\/p>\n\n\n\n
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What belongs to Matrimonial Property in the legal regime?<\/strong><\/p>\n\n\n\n If the spouses (or the fianc\u00e9s before marriage) do not modify the extent of their Matrimonial Property (SJM) in any way, everything acquired by one or both spouses together during the marriage becomes part of it. There are some exceptions. What does not become part of the Matrimonial Property: <\/p>\n\n\n\n However, the community property includes profits from what belongs exclusively to one spouse<\/strong>. An example is again the use of an apartment - the exclusive property of one spouse. The husband rents out the apartment. The rent, after deducting expenses (e.g. taxes, repair costs), is the profit from the sole ownership - and this becomes part of the SJM. This is different from a situation where the husband sells the flat (see above). Shares in companies and cooperatives can also become part of the SJM if the husband became a shareholder during the marriage.<\/p>\n\n\n\n The SJM also includes debts<\/strong> incurred during the marriage. There are exceptions:<\/p>\n\n\n\n An interesting situation, dealt with in case law, is when a husband borrows money without the consent of the other spouse. The amount of the loan is such that it is not to provide for the family's ordinary needs. With the money, the husband buys the family car. The car is part of the matrimonial property. The obligation of the husband to repay the money borrowed is not part of the SJM - this debt remains exclusively with the spouse who borrowed the money. In the event of a division of the SJM, the court may take into account this exclusive obligation of one spouse. <\/p>\n\n\n\n <\/p>\n\n\n\n What is the usual way of disposing of the community property by the spouses?<\/strong><\/p>\n\n\n\n The spouses dispose of the community property together, unless they agree otherwise. The spouses are jointly and severally entitled and obliged to act on the community property. In matters which are not ordinary, both spouses act jointly or one of them with the consent of the other. If the consent of the other spouse was required but not given, the act of one spouse is relatively invalid - the other spouse can invoke its invalidity. E.g. the husband wanted to buy a racing car and bought it with the funds in the SJM. The wife did not know about it. When she found out, she was very surprised because the husband had spent the money they had saved on renovating the apartment. She therefore sought out the seller and told him that the purchase price had been paid out of the couple's joint funds, that she had not given her consent to the conclusion of the purchase contract, and argued that the purchase contract was relatively void.\u00a0<\/p>\n\n\n\n <\/p>\n\n\n\n How can the scope of SJM be adjusted?<\/strong><\/p>\n\n\n\n The Matrimonial Property may be adjusted in advance (before the marriage) by a prenuptial agreement or during the marriage by a so-called modification agreement<\/strong>.<\/p>\n\n\n\n Such a contract can prevent disputes between spouses or, for example, protect the family from the risk arising from one spouse's business. A prenuptial agreement may not only exclude certain assets \"out\" of the community of property, but may also extend the community of property to include, for example, assets acquired by the spouse before the marriage. So what kind of (pre-)marriage contracts can be concluded and what can be achieved?<\/p>\n\n\n\n <\/p>\n\n\n\n Prenuptial\/Modification Agreement<\/strong><\/p>\n\n\n\n If the spouses or fianc\u00e9s enter into a contract modifying the scope of the Matrimonial Property, they should also agree on how to dispose of the community property<\/strong> (or parts thereof). They may, for example, stipulate that one of the partners may act alone in relation to the joint property without the consent of the other spouse, as opposed to the statutory disposition regime.<\/p>\n\n\n\n Jak lze (p\u0159ed)man\u017eelskou smlouvu sepsat? Mus\u00ed m\u00edt formu ve\u0159ejn\u00e9 listiny \u2013 not\u00e1\u0159sk\u00e9ho z\u00e1pisu. Pokud oba man\u017eel\u00e9 \u010di snoubenci souhlas\u00ed, lze smlouvu zve\u0159ejnit v Seznamu smluv o man\u017eelsk\u00e9m majetkov\u00e9m re\u017eimu. Smlouva tak bude p\u0159\u00edstupn\u00e1 komukoli, nikdo s man\u017eeli nebude moci jednat v dobr\u00e9 v\u00ed\u0159e v to, \u017ee jejich SJM je v z\u00e1konn\u00e9m re\u017eimu. To se m\u016f\u017ee hodit nap\u0159. p\u0159i exekuci veden\u00e9 proti pouze jednomu man\u017eelovi. Soudn\u00ed exekutor m\u00e1 povinnost zji\u0161\u0165ovat a ov\u011b\u0159ovat si informace o (p\u0159ed)man\u017eelsk\u00e9 smlouv\u011b, a nem\u016f\u017ee se tedy st\u00e1t (resp. nem\u011blo by se st\u00e1t), \u017ee by postihl v exekuci majetek druh\u00e9ho man\u017eela. <\/p>\n\n\n\n <\/p>\n\n\n\n SJM under Court Decisions<\/strong><\/p>\n\n\n\n SJM can also be reduced or dissolved by the court at the request of one of the spouses who has a compelling reason. This compelling reason may be, for example, the other spouse's prodigality; the other spouse's starting a business, becoming an unlimitedly liable partner in a legal person, or taking unreasonable risks consistently or repeatedly. Co je a co nen\u00ed sou\u010d\u00e1st\u00ed spole\u010dn\u00e9ho jm\u011bn\u00ed man\u017eel\u016f? Jak je to s p\u0159edman\u017eelsk\u00fdmi smlouvami? A jak lze upravit rozsah SJM za trv\u00e1n\u00ed man\u017eelstv\u00ed? Na tyto ot\u00e1zky si odpov\u00edme v tomto \u010dl\u00e1nku. Co pat\u0159\u00ed do SJM v z\u00e1konn\u00e9m re\u017eimu? Pokud man\u017eel\u00e9 (\u010di snoubenci p\u0159ed svatbou) nijak neuprav\u00ed rozsah sv\u00e9ho spole\u010dn\u00e9ho jm\u011bn\u00ed, st\u00e1v\u00e1 se jeho sou\u010d\u00e1st\u00ed […]<\/p>\n","protected":false},"author":2,"featured_media":388,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[8],"tags":[],"class_list":["post-385","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-rodinne-pravo"],"yoast_head":"\n\n
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\nWe are specialized in Family Law. Do not hesitate to contact us if you intend a property arrangement between spouses. <\/p>","protected":false},"excerpt":{"rendered":"