Must I offer my share to the co-owners first?
You must — it follows directly from the statute. § 140 of the Civil Code creates a statutory pre-emption right: a co-owner who wishes to sell their share must first offer it to all the other co-owners, before transferring it to anyone else. The offer must be in writing and must state the price of the share and the time within which it must be accepted. The law sets the periods: at least 8 days for movables and at least 2 months for immovable property. One exception: the pre-emption right does not apply where the share passes to a close person.
📋 The rules
- Created by § 140 of the Civil Code
- The share must be offered first to co-owners
- The offer must be written, with a price and a deadline
- Immovable property: at least 2 months
- Movable property: at least 8 days
🔓 Exceptions
- The pre-emption right does not apply on a transfer to a close person
- Where it is breached, invalidity must be actively invoked
- Otherwise the transfer of the share is treated as valid
⚠️ Penalties & fines
Breaching the pre-emption right does not automatically undo the transfer. This is what most people do not know. If a co-owner sells their share without making the offer, the affected co-owner must invoke the invalidity of the act — actively. If they do not, the transfer is treated as valid and the new co-owner stays. So do not assume "the court will undo it by itself". For the seller: the offer must be in writing, with a price and a period of at least 2 months for property — and you should be able to prove it was delivered. The exception applies only to a transfer to a close person; gifting to a stranger as a workaround will not survive scrutiny.
📎 Official sources
- Slov-Lex · Civil Code (§ 140) →
- Slovak Bar Association →
- Geodesy, Cartography and Cadastre Authority →
❓ Frequently asked
Must I offer my share to the co-owners?
Yes. The statutory pre-emption right under § 140 of the Civil Code requires you to offer the share to all the other co-owners before transferring it to anyone else.
What is the acceptance period?
At least eight days for movable property and at least two months for immovable property. You cannot set a shorter period — the statute lays down a minimum by which you are bound.
What must the offer contain?
It must be in writing and state the price of the co-ownership share and the time by which the offer must be accepted. Deliver it provably, so that you can evidence having discharged the duty.
Is there an exception?
Yes, one: the pre-emption right does not apply where the co-ownership share passes to a close person. On a transfer to anyone else the duty to offer always applies.
What if someone breaches the pre-emption right?
The transfer is not automatically undone. The affected co-owner must actively invoke the invalidity of the act — otherwise the transfer of the share is treated as valid and the new owner stays.
🔎 Common searches
What people search to land here:
- “co-owner pre-emption right slovakia”
- “section 140 civil code slovakia”
- “offer of a share to co-owners deadline”
- “selling a share in a property slovakia”
- “breach of the pre-emption right”
- “transfer of a share to a close person”