Prenuptial agreement (předmanželská smlouva)
The everyday name for a marital property agreement under § 716 et seq. of the Civil Code. With it, an engaged or married couple arrange their joint property differently from the statutory default: they narrow or extend it, or opt for separate property. The agreement must take the form of a notarial deed. A property bought after it is concluded can then belong to just one spouse. Its effect on a loan is covered in prenuptial agreement and a mortgage.
Example
The wife is an employee with a net income of CZK 60,000; the husband runs a business and is liable for his company's debts. They opt for separate property, and she buys a CZK 5,000,000 flat on her own. At the usual internal threshold of 45 % she can carry a payment of about CZK 27,000, which means a loan of up to roughly CZK 5.0 m over 30 years. The bank may still want the husband's signature, for instance as a co-borrower.
In practice
Without the creditors' consent, the agreement must not worsen their position, so it has no effect on a mortgage already in place. Even under separate property, banks do not always waive the spouse's signature; ask beforehand. For the agreement to have effect against third parties too, have it entered in the register of marital property agreements. Concluding one after the mortgage is signed will not release your partner from the debt.
How it differs
Joint marital property (formerly BSM) is the statutory regime that applies if you make no agreement. Its settlement comes only after the joint property ends or is narrowed, for example on divorce. The agreement differs from co-ownership in that it sets out the spouses' whole property relations rather than shares in a single asset.
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