What Is Marital Community Property (SJM)?

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

Does SJM automatically split 50/50 in a divorce?

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.

What about a business one spouse started during the marriage?

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.

Can we agree on the property split ourselves?

Yes — spouses can agree on the division themselves; the agreement is then typically confirmed as part of the divorce process.