Under Slovak law, there are three ways to divide community property:
If community property is divided by agreement, the law requires a confirmation of the division which is prepared by the spouses at the request of one of the spouses. Because the spouses are legally entitled to this, they can seek a court order to compel the other party to comply. There is no prescribed form of agreement for personal property, but the law requires a written agreement for real property.
- Court decision
This method of dividing community property is applied in cases where an agreement to divide the property cannot be reached within the time period before the legal fiction of a settlement arises. This method must be initiated by an application submitted by one of the spouses, but the court is not required to divide the community property according to the application; this is termed iudicium duplex, where the parties are considered equal. All the community property must be divided, and the court must therefore examine what is included in that community property. Debts and amounts receivable are divided proportionately.
- Expiry of time limit
If community property is not divided by agreement or by a court decision following the application of one of the spouses within three years after the divorce (the termination of the matrimonial property regime), it is presumed that the spouses divided the personal property based on which spouse solely uses any particular personal property for their own needs or for the needs of family and household. The spouses are considered to have divided co-ownership (equal proportions) of all remaining personal property and real property. The same applies proportionately to other property rights held jointly by the spouses.