This article explains the situations in which the courts, relying on case law, give priority to the social and human side of a case over the property interests of the claimant. Using practical examples (a cancer patient living in a family house, or the care of a blind child), it illustrates when a court will usually dismiss an action for the dissolution and settlement of fractional co-ownership. At the same time, it offers an important piece of legal advice: a dismissal "now" does not mean "forever", and where there is a substantial change in life circumstances, the action can successfully be brought again.
Many co-owners believe that if they bring an action for the dissolution and settlement of fractional co-ownership (podielové spoluvlastníctvo), the court "must" dissolve it. The Slovak Civil Code, however, expressly provides for the situation where the court refuses the action and does not dissolve the co-ownership, namely on so-called grounds meriting special consideration. In practice, these are highly sensitive disputes, often involving family ties, age, health, or the home of minor children.
If the co-owners cannot reach an agreement, the court may dissolve and settle fractional co-ownership in three basic ways:
While the three options above lead to the termination of co-ownership, § 142(2) of the Slovak Civil Code contains an important stop sign. It provides that on
Two fundamental rules follow from the wording of the statute and settled case law:
The courts emphasise that dismissing an action for the dissolution and settlement of co-ownership under § 142(2) of the Slovak Civil Code is an exceptional remedy. The circumstances most frequently assessed include:
The court must examine the existence of these grounds individually in each case and give proper and convincing reasons for its conclusions.
The Supreme Court of the Slovak Republic has expressly held that when applying provisions allowing an "exception", the court must explain in detail why it considers the case to merit special consideration. The court cannot merely formally state that grounds exist, but must set out which specific circumstances, on which party's side, and why, justify not dissolving and settling the fractional co-ownership.
If the court dismisses an action for the dissolution of co-ownership on grounds meriting special consideration, this may be frustrating for the claimant. It does not, however, create a permanent bar of a matter already decided (res iudicata). Both the Constitutional Court of the Slovak Republic and the Supreme Court of the Slovak Republic point out that subjective circumstances (age, health, social situation) naturally change over time. A court decision of "not now" therefore does not mean "never". If a substantial change of circumstances occurs, the door to dissolving the co-ownership opens again. A new action can successfully be brought, for example, where:
How can we help you?
The courts have broad discretion when assessing "grounds meriting special consideration", which means the outcome can never be guaranteed one hundred per cent. The lawyer's task is to minimise the risks and build the argument so that it stands up in court. At our law firm, we will help you set a realistic procedural strategy: If you are bringing the action: We will prepare the action in full and formulate it, in both legal and factual terms, so that it meets all statutory requirements. If you are facing the action: We will identify those circumstances of your life (health condition, family ties, a stable base for your children) which, according to case law, the court genuinely takes into account when assessing grounds meriting special consideration. We will help you secure the necessary evidence and argue it before the court in a way that cannot simply be overlooked.
Conclusion – a recommendation for co-owners
If you are considering bringing an action for the dissolution and settlement of fractional co-ownership, or are facing an action brought by another co-owner, it is advisable to seek advice in advance. The right procedural strategy, evidentiary preparation and knowledge of the case law on grounds meriting special consideration can fundamentally affect the outcome of the proceedings.
Whether your goal is to "get out of the co-ownership" or, on the contrary, to protect your home from being sold, professional legal assistance will enable you to use all the arguments that the law and case law offer in favour of your situation.
Contact us for a no-obligation consultation.
