Marital community property (společné jmění manželů, SJM) is, in general, everything acquired by either spouse during the marriage — income, savings, and most property bought during that time. It typically does not include what either spouse owned before the marriage, or received individually as a gift or inheritance.
What's Included and What Isn't
Included: salaries and business income earned during the marriage, property bought with those funds, and most debts taken on during the marriage.
Generally excluded: property owned before the marriage, personal gifts and inheritances received by one spouse, and items for strictly personal use.
A prenuptial or postnuptial agreement can change these default rules — it's worth checking whether one exists before assuming the general rule applies.
Frequently asked questions
The starting assumption is an equal share, but the actual settlement can differ based on contributions, the needs of any children, and agreement between the spouses.
It can fall within SJM depending on how it was financed and structured — this is one of the more complex areas and usually benefits from a lawyer's review.
Yes — spouses can agree on the division themselves; the agreement is then typically confirmed as part of the divorce process.
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