Publication details
Splátky hypotečního úvěru a jejich promítnutí do vypořádání společného jmění manželů
| Title in English | Mortgage loan repayments and how they are reflected in the division of the matrimonial property |
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| Authors | |
| Year of publication | 2025 |
| Type | Chapter of a book |
| MU Faculty or unit | |
| Citation | |
| Description | The paper deals with the rules of community property settlement from the perspective of gender equality in the context of joint repayment of a mortgage loan by one of the spouses. The first part explains in a broader historical and geographical context how the rules of the marital property community affect inequality between men and women. It will then present a Supreme Court decision interpreting the Czech law on the division of property to mean that, in the division of property between spouses, one spouse's mortgage loan repayments are taken into account only to the extent that they exceed the hypothetical rent. The second part will present socio-economic data showing how such a rule negatively affects women in particular. The third part examines in more detail the Supreme Court's reasoning on which it based its decision. The fourth will present how case law has dealt with investment in someone else's home in other similar situations. The final Part presents alternative ways of interpreting the statutory rules and argues which, and why, better fit the meaning of and purpose of the legislation. |