Cooperative apartment as part of the joint property of the spouses

Dit is clear from this purpose that the sole purpose of a housing cooperative is to provide for the housing needs of its members, when in the case in question it is a situation where the owner of the apartment building is the housing cooperative in question, while the members of the cooperative are not the owners of the housing units in the house, but are their tenants by virtue of their membership in the cooperative.

Het, in layman's terms,,,. If, at the same time, the acquirer of the cooperative share becomes the tenant of the cooperative apartment, he also becomes a member of the housing cooperative in question.
In the event that a cooperative share is acquired either by one or both spouses during the marriage, it usually becomes part of the joint property of the spouses, unless a different property regime is arranged between the spouses from the legal regime or if the cooperative share is not acquired in a manner establishing the exclusive ownership of one of the spouses, in which case both spouses become part of the joint property, in which case, in contrast to the general arrangement of the cooperative, both spouses parte del proprietà comunale di spouses. in According to Section 739 (1) of Act No 90/2012 Coll., on commercial corporations and members of the housing cooperative concerned.

Joint membership of spouses in a housing cooperative constitutes a special type of co-ownership of a cooperative share, which arises ex lege even in cases where the housing association's statutes otherwise exclude co-ownership of the share. Joint membership is a single membership. Spouses as joint members fundamentally have one vote. Also, when assessing the number of members of a cooperative from the point of view of section 552 (2), the spouses who have acquired joint membership must be considered as one member. From joint membership, both spouses are entitled and obliged jointly and severally — this is both active and passive solidarity.
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As already mentioned above, even during the marriage, it is possible to acquire the cooperative share in the exclusive ownership of one of the spouses, in addition to the case when a different property regime has been agreed between the spouses, even if one of the spouses has acquired a cooperative share in accordance with Section 709 (1) of Act No. 89/2012 Coll., of the Civil Code by gift, inheritance or bequest (unless the donor or the testator, in the event of death, showed a different intention in the event of death) or acquired by one of the spouses as , na.

På,,. It should be noted that this option can cause considerable difficulties in practice, and therefore it is not only for housing associations, but also for the acquirers of cooperative shares in a housing cooperative, to have in the contractual documentation always treated how and by whom the cooperative share is acquired and whether it is acquired exclusively or in the joint property of the spouses.

If, at the same time, the cooperative share is part of the joint property of the spouses, it also applies to it in the event of a divorce and the related settlement of the joint property of the spouses, that this must be settled. Zadnja v. As is apparent from Section 739 (2) of the Commercial Corporations Act, the joint membership of the spouses is terminated by the settlement of the joint property of the spouses or by the expiration of the time limit for its settlement under the Civil Code.

In the event of the extinction of the joint property of the spouses due to the futile expiry of the period for the settlement of the joint property of the spouses in accordance with Section 741 (3) of Act No. 89/2012 Coll., the joint membership of the spouses in the housing cooperative will cease in accordance with the law, and the necessary rights and obligations to the cooperative share between the former spouses will also be settled.

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1) (CILEČEK, Filip. § 739 [Creation and termination of joint membership of spouses]. In: ŠTENGLOVÁ, Ivana, HAVEL, Bohumil, CILEČEK, Filip, KUHN, Petr, ŠUK, Petr. Business Corporations Act. 3rd ed. Prague: C.H. Beck, 2020, p. 1268.)