Restriction or Expansion of Joint Property of Spouses · Marital Property Rights | Settlement of Joint Property of Spouses (BSM) · VLKOVÁ
Restriction or Expansion of Joint Property of Spouses
Joint Property of Spouses (*bezpodielové spoluvlastníctvo manželov – BSM*) arises by operation of law upon marriage. However, the law allows spouses to alter and tailor its statutory scope by agreement to reflect their current personal or financial circumstances:
Restriction of Joint Property (Zúženie BSM): Specific assets or income are excluded from the joint property regime and become the sole separate property of only one spouse. This represents the most frequently utilized legal instrument when one spouse engages in business activities, serving as an effective safeguard to protect family assets from potential commercial risks and liabilities.
Expansion of Joint Property (Rozšírenie BSM): Assets that would otherwise belong exclusively to one spouse—such as property acquired by inheritance—are included into the marital estate by mutual agreement.
An agreement modifying the scope of Joint Property of Spouses requires execution in the form of a notarial deed (notárska zápisnica) for legal validity, and becomes enforceable against third parties only under statutory conditions prescribed by law.
