Domov > Marriage and business: how to protect assets from BSM risks
Viete, čo všetko patrí do spoločného majetku po svadbe? A čo sa stane s vašou firmou, ak príde kríza? Manželstvo nie je len citový záväzok, ale aj právny inštitút, ktorý zásadne mení spôsob, akým sa nakladá s majetkom. Často si to uvedomíme až vtedy, keď nastanú nečakané situácie – rozvod, úraz, podnikateľský neúspech či dokonca konkurz. V Highgate Estate Vault veríme, že pripravenosť je kľúčom k ochrane rodiny aj podnikania.
In this article we will show you:
how matrimonial community of property (BSM) works in Slovakia,
which assets belong to the community property and which remain exclusive,
what it means for entrepreneurs, business owners and investors,
what tools exist to protect assets during marriage.
What is BSM and why is it important for entrepreneurs
In Slovakia, the principle of joint ownership of spouses (BSM) applies. This means that all property acquired during the marriage belongs to both spouses jointly – without determining the share. They both have equal ownership rights to the property that falls under the BSM.
When is BSM created?
on the date of the valid conclusion of the marriage (not before or after),
automatically, by law – no agreement is needed,
lasts until the marriage is dissolved (divorce, death) or until it is annulled/modified by the court.
What belongs to the BSM?
wages, business income, dividends,
movable and immovable property acquired during the marriage,
savings, investments, securities,
the value received from the sale of common property.
What does not belong in the BSM?
property acquired before the marriage,
property acquired by inheritance or gift,
items serving only personal needs (e.g. personal jewellery, an artist’s musical instrument),
items obtained in restitution,
copyrights, e.g. works, intellectual property, but beware: the income from their sale is already part of the BSM.
Business and marriage: where do the risks arise?
If you are a partner in a company, the rights of a partner belong exclusively to you – not to your spouse. However:
the spouse’s consent may be required for the transfer of the share to another person (if the disposal is of joint property or if the partnership agreement so provides).
Example from practice
The entrepreneur entered into the marriage as a 100% partner in the company. The company is “his” but:
any dividend paid during the marriage already belongs to the BSM,
if the business is sold during the marriage, the proceeds of the sale are shared,
on divorce, the wife can claim half of the value of the share acquired during the marriage.
Options for the protection of matrimonial property
Many entrepreneurs mistakenly rely on the so-called “prenuptial agreement”. In Slovak law, this institute does not exist in the form we know it from abroad. However, there are other ways:
1.Dohoda o zúžení/rozšírení BSM
is concluded by notarial deed,
the spouses can agree that e.g. income from a business will not be part of the BSM,
applies prospectively, retroactive exclusion of assets is not possible.
2.Dohoda o vzniku BSM ku dňu zániku manželstva
during the marriage, each has separate property,
on dissolution of the marriage, the property is counted and divided,
suitable for entrepreneurs who want flexibility during marriage.
3.Súdne zrušenie BSM
possible for compelling reasons (e.g. one spouse’s business, risk of debt, gambling behaviour),
the application may be filed by the spouse who is not in business or is at risk,
the court decides on an individual basis – it is not an automatic judicial procedure.
Saboteur husband? What if the business is compromised during the marriage?
Divorce can be a lengthy process. Until the marriage is formally ended, assets remain in the BSM and the other spouse may need to be involved in business decisions.
If cooperation is impossible and threatens the business, it is possible:
file a petition for dissolution of the BSM with the court (e.g. if the other spouse acts against good morals or puts the business at disproportionate risks),
prepare for property settlements through expert reports and legal representation.
Ako na to prakticky?
map your assets – which assets you own, which belong to the BSM,
consider a BSM agreement – preferably right after the marriage,
Think through the business structure – a holding company, trust, foundation can provide protection,
don’t wait for conflict – a preventive setup is always cheaper than litigation.
Estate Vault – protecting your assets for every life situation
Whether you are preparing for marriage or already running a business during the course of it, Estate Vault can help you set up both legal and financial structures to keep your assets safe.
Individual consultations for entrepreneurs and investors,
Protection of the company from the consequences of BSM,
Practical solutions for families with different assets.
Viac z oblasti ochrany majeku a podnikania nájdete na našej webovej stránke v tejto sekcii: Ochrana majetku a podnikania
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