Law & taxes

Can you transfer a mortgage to someone else?

Updated 10 October 2026 · 7 min read

A mortgage can pass to another person, but only with the bank's consent. Legally it is a debt assumption (převzetí dluhu) under § 1888 of the Civil Code: the new debtor steps into the original debtor's place, and the creditor, the bank, has to agree. It assesses the newcomer as strictly as any new applicant, with a property valuation and a check of the credit registers.

Three situations come up in practice. Releasing a co-borrower after a divorce or break-up is common and goes through if the person who stays has enough income. A relative taking over the debt is possible, but banks decide case by case. A buyer taking over a cheap mortgage when a flat is sold is the exception, and most banks refuse. If the bank says no, the fallback is refinancing in the new debtor's name, which is free at the end of the fixed-rate period (fixace) or, once 24 months have passed since the loan agreement was signed, on the settlement of community property of spouses (SJM) after a divorce.

Three situations and what the bank looks at

SituationWho must consentWhat the bank assessesRealistic outcome
Releasing a co-borrower (divorce, break-up)the bank; usually also the released co-borrower by signing an amendmentincome and liabilities of the person who staysroutinely approved if the remaining borrower can carry the payment alone
Debt taken over by a relative or another personthe bank, the original and new debtor, the owner of the pledged propertythe new debtor's creditworthiness, the purpose, often a new valuationcase by case; more often the bank proposes a new contract
A buyer takes over the seller's mortgagethe bank, the seller, the buyerthe buyer's creditworthiness, LTV against the new purchase price, own funds for the differenceexceptionally; most banks refuse

Debt assumption is not the same as accession to a debt (přistoupení k dluhu, § 1892 of the Civil Code). With accession, the new person joins the debt alongside you rather than replacing you, and both of you are liable for the whole amount. Banks agree to it more readily because their risk falls, but it does nothing for someone who wants out of the mortgage.

How do you release a co-borrower after a divorce or break-up?

This is the most common reason for a “transfer”. A co-borrower who signed the loan agreement is liable for the whole debt, not half of it, and moving out or divorcing changes nothing. Until the bank signs an amendment, it can demand the payments from either of you.

The bank approves the release if the person staying meets its internal criteria alone. The ČNB scrapped its DSTI and DTI limits (DSTI as of 1 July 2023, DTI as of 1 Jan 2024), but banks still use their own thresholds, typically payments on all loans of up to 45 % of net income, or up to 50 % for applicants under 36. If one income is not enough, the bank may accept a replacement co-borrower such as a new partner or a parent.

Former partners, one income: a mortgage balance of CZK 3,000,000, 20 years to go at 5.00 % and a payment of CZK 19,799. For the bank to release one of them, the other needs a net income of roughly CZK 44,000 a month at an internal threshold of 45 % (with no other loans); if they are under 36 and the bank applies 50 %, about CZK 39,600 will do. If they also have to pay the former partner CZK 800,000, they must borrow CZK 3,800,000. The payment over 20 years then rises to CZK 25,078 and the required income to roughly CZK 55,700. With the flat valued at CZK 6,000,000 the LTV is 63 %, well within the ČNB's 80 % limit.

Paying out the partner by increasing the loan is no longer an amendment but a new loan or a refinancing. Repaying the existing mortgage on the settlement of community property after a divorce is free under the Consumer Credit Act even mid-fixation, provided at least 24 months have passed since the loan agreement was signed. Property and debts in a divorce are covered in Mortgage and divorce.

When a parent, child or sibling takes over the debt

A typical case: parents once took out a mortgage on a flat for their son, and now he wants to take over both the loan and the flat. The bank then deals with three things at once:

  1. The new debtor's creditworthiness: proof of income, the registers and a payment-to-income calculation, as for a new application.
  2. Ownership of the collateral. Pledge agreements usually forbid disposing of the property without the bank's consent, and transferring the flat by gift or sale without it breaches the contract and can even lead the bank to call in the loan (zesplatnění).
  3. The purpose of the loan. A mortgage for your own home assumes the borrower lives there. If the new debtor lets the flat, the bank may reclassify the loan as an investment loan, for which the ČNB has recommended since 1 April 2026 an LTV of at most 70 % and DTI 7.

If the bank allows the assumption, it draws up an amendment or a new loan agreement and charges a fee from its price list. Many banks simply offer a new mortgage to repay the old one instead. That is easier for them internally, and the rate follows the current price list.

Can a buyer take over the seller's cheap mortgage?

The appeal is obvious. A CZK 4,000,000 mortgage over 25 years, fixed in 2021 at 1.99 %, costs CZK 16,935 a month; the same loan at today's 5.00 % costs CZK 23,384, which is CZK 6,449 more. In practice it rarely works:

Takeovers that do succeed are usually within the family, with a buyer on a strong income who has own funds for the whole difference and several years left on the fix. In an ordinary sale, expect the seller to repay the mortgage from the purchase price and the buyer to take out their own; the process is described in the article on selling a property with a mortgage.

What does not transfer with the mortgage

What does a transfer cost and how long does it take?

StepUsual durationCost
Application and proof of the new debtor's income1–2 weeksCZK 0
Assessment by the bank2–4 weeks from complete documentscontract amendment fee per the bank's price list
New property valuation (if the bank wants one)a few daysCZK 3,000–6,000
Change of owner in the land registry (katastr), if the flat is transferredno sooner than 20 days after the owner is notified of the plomba (pending-change flag)CZK 2,000 per application for registration
New property insurance with an insurance assignment (vinkulace)daysannual premium

If only the debtor changes and the owner of the collateral stays the same, the land registry is not involved and the lien carries on. Allow 1–2 months overall, much as for a new mortgage.

If the bank says no, refinance in the new name

A refusal is not a dead end. The new debtor takes out their own mortgage at any bank and repays the original one with it; the old lien is deleted and a new one registered. Timing decides what it costs:

The new debtor's payment, and the loan they can carry, can be worked out in the payment calculation and the How much can I borrow calculator.

Sources

Terms in this article

Can the new debtor carry the payment alone?

Enter the balance, the remaining term and the rate. The calculator shows the payment, from which you can work out the net income the bank will want to see.

Work out the payment →

Frequently asked questions

Can I transfer my mortgage to someone else without the bank's consent?

You cannot. A debt assumption needs the creditor's consent under § 1888 of the Civil Code, and without it you remain the debtor even if you transfer the property or move out.

How do I get released from a mortgage after a break-up?

Ask the bank to release you as co-borrower. It will agree if the person who stays can carry the payment alone under its internal thresholds, usually up to 45 % of net income; otherwise the answer is a new co-borrower or refinancing.

Can the buyer of my flat take over my low-rate mortgage?

In theory, yes; in practice only exceptionally. The bank must agree, the buyer must pass a creditworthiness assessment and cover the gap between the balance and the price from own funds, and the cheap rate lasts only until the fixed period ends.

How much does a debt assumption cost?

The bank's price list sets the fee for amending the loan agreement. Add a valuation of CZK 3,000–6,000 if the bank wants one, and CZK 2,000 for the land registry if the property changes hands too. If the bank issues a new contract instead of an amendment, you pay the fees of a new mortgage.

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