Enforcement against your property share: what happens when you own only part of a house
Published 21 October 2026
Enforcement can target only your co-ownership share. At auction, the share itself is sold, not the entire house, and other co-owners do not lose their shares. However, they may gain a new co-owner, which is why early action is important.
Summary
- The enforcement officer can sell only the debtor's share; other co-owners' shares remain theirs.
- The share is valued separately, and at auction the minimum bid is two-thirds of the valuation.
- The general right of first refusal for co-owners was abolished; exceptions are narrow (for example, a share acquired by inheritance).
- Auction is usually the most expensive option for the debtor; negotiation with other owners often produces better results.
- Do not sign anything in panic; this content is informational and not legal advice.
What enforcement of a co-ownership share means
Co-ownership means that a property is owned by multiple persons, each having a defined fractional share (for example, half or a third). Under the Czech Civil Code No. 89/2012 (občanský zákoník), a co-owner can dispose of their share. Similarly, their share can be subject to enforcement if that person is the debtor.
The enforcement officer cannot therefore sell the entire house because of one owner's debt. They can only enforce against the debtor's share. The procedure is governed by the Enforcement Code No. 120/2001 (exekuční řád), specifically the section on enforcement by sale of immovable property, and by the Civil Procedure Code No. 99/1963 (občanský soudní řád). For a general overview of the entire process, see the article Enforcement against property: how it works and what to do at each stage.
How the sale of a share proceeds step by step
- Enforcement order. The enforcement officer orders enforcement by sale of the share and registers it with the Czech Land Registry (katastr nemovitostí). The debtor can then no longer freely dispose of their share.
- Determining the share. The enforcement officer verifies the size of the share and the other owners from the ownership certificate (list vlastnictví). You can also check this yourself through public access to the Land Registry.
- Valuation. The price is set by a valuer (see the next section).
- Auction notice. The enforcement officer sets the auction date and serves the notice on all parties to the proceedings, including the other owners.
- Auction. The highest bid wins; the minimum bid is two-thirds of the valuation (§ 336e of the Civil Procedure Code, applied analogously in enforcement).
- Distribution of proceeds. From these, the costs of the proceedings and creditors are paid first.
Several weeks to months typically pass between the enforcement order and the auction. Ownership of the share passes to the successful bidder only upon registration with the Land Registry. The Land Registry cannot register the transfer earlier than 20 days after notifying the owner (under the Land Registry Code No. 256/2013, katastrální zákon), and the average registration takes about 22 days.
How the share is valued and why it is not sold as 'just part' of the house
The share is not sold as a physically separate part of the house. The successful bidder acquires an ideal (fractional) share—the right to co-own the entire property. The house cannot be physically divided simply because one share is being sold. Physical division or settlement is a separate matter to be resolved by agreement or, if necessary, by a court.
The valuer takes into account that a fractional share is less marketable than the entire property. The buyer must share use and decision-making with other owners. Therefore, the value of the share may not correspond to a simple multiple of the total property value. The result depends on the property's condition, layout, and the relationships between the co-owners.
If you believe the valuation is incorrect, you can challenge it during the proceedings. It is advisable to consult a lawyer or contact the enforcement officer with specific objections.
Impact on other co-owners and the right of first refusal
The shares of other co-owners remain unaffected. However, the composition of the ownership changes: instead of a family member, a third party may become a co-owner. That person has the same rights to manage and use the property as the other co-owners and can seek a settlement. A court can decide to terminate the co-ownership at the request of any co-owner, under § 1140 of the Civil Code.
The right of first refusal is important:
- The general right of first refusal for co-owners was abolished by an amendment to the Civil Code No. 89/2012 (občanský zákoník).
- It remains only for 6 months from the creation of co-ownership if the share was acquired by inheritance (§ 1124 of the Civil Code).
- There may also be a right of first refusal agreed by contract or registered with the Land Registry. It is advisable to have a lawyer assess its impact on the auction.
If none of these exceptions apply, the other owners have no statutory priority. However, they can participate in the auction like anyone else and bid for the share.
When to negotiate voluntarily with other owners
Auction is usually the most expensive option for the debtor, and the share often sells for less through this method than through negotiation. It is therefore worth considering several options:
- Paying off the debt, for example with family help. Options are summarised on the page Settling an enforcement debt.
- Selling the share or the entire property with the consent of all other co-owners and with the enforcement officer's consent before the auction. The procedure is described in the article Selling property under enforcement.
- Having the share bought out by the other owners to keep it in the family.
- Settling the co-ownership by agreement.
A calculator can help you estimate the difference between an auction and a sale beforehand. Remember that cash payments are limited to 270,000 CZK per day (under Czech law No. 254/2004); a reputable property purchase is conducted without cash through a lawyer's escrow account. Real estate acquisition tax was abolished (under law No. 386/2020). Capital gains tax on the sale is subject to holding period tests and whether the property was a residence (under tax law No. 586/1992); verify details with the Czech Tax Administration or a tax adviser.
What to avoid and how to proceed
Offers of quick rescue, such as loans against collateral or sale-leaseback schemes, may worsen your situation; see risks of sale-leaseback. Do not sign anything in panic, and have any contracts reviewed by an independent lawyer.
Practical steps:
- Ask the enforcement officer for information about the amount of the debt and ancillary charges.
- Check the ownership certificate (list vlastnictví) and the size of your share.
- Inform the other co-owners so they do not first learn of the auction from the notice.
- Consider options for staying or postponing the auction; what works and what is a myth is described in the article How to stop a property auction.
This content is informational and not legal advice. A free, non-binding assessment of your situation is available through a form on the website.