Joint marital property (SJM, formerly BSM)
SJMThe community of property between spouses (společné jmění manželů) under § 708 et seq. of the Civil Code. It takes in assets and debts acquired during the marriage, including a flat bought with a mortgage, even if only one spouse signed the purchase agreement. Its scope can be narrowed, or its creation postponed, by a contract made before a notary. The older name (bezpodílové spoluvlastnictví manželů, BSM) applied until 31 July 1998.
Example
A married couple take out a CZK 4,000,000 mortgage in 2026 over 25 years at 5.00 %, with a payment of CZK 23,384. They divorce after 5 years, with roughly CZK 3,543,000 outstanding. When the joint property is settled, the spouse who keeps the flat can repay or refinance the loan without a fee, because more than 24 months have passed since the loan agreement was signed.
In practice
With married couples, banks usually want both spouses to sign the loan agreement, even if only one of them is buying the flat. Anyone who wants the flat to be theirs alone has to narrow the joint property by a notarial contract before the purchase. A post-divorce settlement does not bind the bank: the departing spouse remains a debtor until the bank releases them from the loan. Do not count on the divorce sorting out the mortgage as well.
How it differs
Under co-ownership in shares, each owner holds a share expressed as a fraction and can deal with it alone; joint marital property has no shares. Unmarried couples buying a flat together typically end up with shares. A prenuptial agreement changes the scope of joint property, and settlement is how it is divided after a divorce.
Related terms
In-depth guide
Calculate your own situation
Instead of abstract definitions — enter your own parameters and see the result for yourself. No registration, no form, no salespeople.