When a Co-owner Stops Caring About the Property: What You Can Do

Co-ownership works as long as everyone participates. The moment one co-owner stops caring about the property — does not pay their share of repairs, ignores requests for consent, does not respond to communication or has moved out and disappeared — a situation arises that paralyzes both decision-making and routine maintenance. The other co-owner bears all the costs and the responsibility.

The Czech Civil Code addresses these cases. A passive co-owner is not the "master" of the decision and there are concrete legal tools to deal with their passivity.

Quick answer: 4 steps when a co-owner does nothing

1. Formal demand to act — in writing, document what needs to be addressed (repair, maintenance, wear) and set a reasonable deadline for a response.
2. Decide by majority — if you hold more than half of the shares, you can decide on ordinary management without them; significant management (reconstruction) requires 2/3 of shares.
3. Action for proportional reimbursement — if you paid the costs yourself and cannot get their share voluntarily.
4. Action for termination and settlement — when the situation is unsustainable long-term. The court will award the property to one of you, divide it, or order a public auction.

The following sections cover each step in detail.

What "does not care" actually means

A co-owner's passivity may take several forms:

• Does not pay their share of repairs, energy, property tax, insurance.
• Does not respond to requests for consent to reconstruction, sale, lease.
• Does not attend co-owner meetings (in larger properties).
• Does not contribute physically to maintenance, even though they benefit (typically an inherited share).
• Cannot be reached — lives abroad, did not report a change of address, does not answer.

The real problem is that the other co-owners cannot decide on important matters without their consent (reconstruction, sale of the whole property, long-term lease) unless their own share reaches the required majority.

Step 1: Formal demand — not just a formality

The first step should be a written demand sent by registered mail to the last known address (and by e-mail, if available). It should contain:

• a specific description of the situation (what needs to be addressed and why),
• a proposed solution (e.g. "consent to roof replacement for an estimated 180,000 CZK, your proportional share 45,000 CZK"),
• a reasonable deadline for a response (typically 14–30 days),
• a warning about the consequences of passivity (majority decision, action for reimbursement, action for termination).

Why do this formally? For evidentiary purposes. If the dispute ends in court, the demand proves you tried to resolve the matter amicably. The court and the other side will weigh it. Without a demand, your conduct may be treated as a failure to attempt an amicable solution and in some cases this affects the recovery of court costs.

Step 2: Majority decision-making — when the passive co-owner can be bypassed

The Czech Civil Code distinguishes three types of management of co-ownership, each with its own required majority:

Practical implication: If you hold 60 % of shares, you can decide on ordinary management on your own — the passive co-owner only needs to be informed (typically with the same formal demand). With 80 % you can decide on a more significant reconstruction. For special management (sale of the whole property), all co-owners must agree — there you cannot bypass the passive one.

For a detailed analysis of decision-making rules, see our follow-up article: How decisions are made in co-ownership.

Step 3: Action for proportional reimbursement

If you paid the repairs or maintenance yourself (for example because they could not be postponed) and the passive co-owner refuses to reimburse their proportional share, you can enforce that share in court.

What you need to prove:

• that the costs were actually incurred (invoices, work contracts),
• that they were reasonably necessary (not extraordinary investments beyond maintenance),
• that the intervention was emergency, properly approved by majority, or maintenance that could not be postponed,
• that you tried to resolve the matter before suing (hence the demand in Step 1).

Limitation: Generally 3 years from the moment costs were incurred. For voluntary improvement without consent the claim only arises at settlement — limitation runs differently there.

Step 4: Action for termination and settlement of co-ownership

If the situation is unsustainable in the long run and continued cooperation makes no sense, the most effective remedy remains: a motion for termination and settlement of co-ownership.

The court terminates the co-ownership and itself decides among:

• division of the property (realistic for land, only exceptionally for houses and flats),
• award of the property to one co-owner in exchange for buying the others out,
• sale by public auction with division of the proceeds.

If the passive co-owner holds a smaller share and you want to keep the property, the typical outcome is award with buy-out. The court will need to see:

• that you have a genuine interest in the property,
• that you are able to buy the other side out (own funds, bank pre-approval, financing agreement),
• the value of the property (expert valuation).

Detailed procedure for court-ordered termination: What to do when co-owners cannot agree.

Special situation: an unreachable co-owner

Sometimes a co-owner is not just passive — they are unreachable (living abroad, no updated address, unfinished inheritance proceedings). In such cases the court:

• serves at the last known address,
• if service fails, appoints a guardian for service,
• in some cases serves via the official notice board, after which service is presumed.

The proceedings take longer, but inability to serve does not block the decision. Without an attorney this path is risky — procedural errors in service often lead to the case being remanded or even dismissed.

What to prepare before you act

Before contacting an attorney, have ready:

• title deed (LV) from the cadastre,
• overview of shares and contact details of all co-owners,
• communication record (e-mails, letters, SMS) — if any exists,
• list of costs you have covered in the last 3 years (invoices, bank statements),
• a clear goal — do you only want reimbursement, the right to decide alone, or to leave the co-ownership altogether?

Summary

A co-owner's passivity is not a hopeless situation. The Civil Code provides a graduated system of remedies: from a formal demand through majority decision-making to court-ordered termination of co-ownership. The key is not to get stuck — every month the property deteriorates or the passive co-owner avoids paying increases your loss and the complexity of the eventual solution.

If you are dealing with co-ownership involving a passive or unreachable co-owner, our office can help you map out the procedure from the first demand through to a possible action for termination.