You might be thinking…

• “In family matters, we don’t need to sign anything.”

• “It’s just a friend; we’ll sort it out between us.”

• “If it’s free, the law doesn’t care.”

Clients often ask me…

• “I lent furniture to my daughter, but after her breakup, she refuses to return it. What can I do?”

• “I let a friend use my car, but he won’t give it back. He says I gifted it to him — is that true?”

• “My sister lives in my flat ‘temporarily’ — it’s been a year. How do I deal with that legally?”

Legal explanation

Legally, it doesn’t matter whether you lend something to a stranger or a family member.
What matters is whether one person agreed to let another use a non-consumable item temporarily and for free, with the intention that it will be returned (§ 2193 et seq. of the Czech Civil Code).

• If the thing was handed over for temporary use, it’s a loan for use (výpůjčka).

• If the thing was handed over permanently, it’s a gift (dar).

• If it’s consumable (e.g., money, fuel), it’s a loan (zápůjčka).

The key legal question is always:
“Was there an intention to return the item?”

Common mistakes in family loans

1. Everything is just “verbal” – oral agreements are easily forgotten or misunderstood.

2. No time limit – the borrower keeps the item indefinitely and starts treating it as their own.

3. No proof of handover – without an email, witness, or handover note, proving the loan is hard.

4. Gift confusion – typical “just give it to her, you don’t need it anyway.”

5. Damage and resentment – things break, repairs are refused, emotions take over.

How to avoid disputes step by step

1. Write a simple agreement – one page with description, duration, and signatures is enough.

2. State the purpose and term – e.g., “for the duration of studies,” “until renovation is complete.”

3. Clarify responsibility – who pays for maintenance or repairs.

4. Confirm the handover – via email, message, or written note with condition.

5. End it politely – remind the other party of the agreed return date in writing.

Example from practice

Ms. L. lent furniture to her sister “for a few months.”
A year later, she wanted it back — her sister refused, claiming it was a gift.
No contract, no email, no witnesses.
The court found no evidence of intent to return, treating the property as a gift.
Result: lost furniture and a broken relationship.

Lawyer’s recommendation

A loan among family or friends isn’t about mistrust — it’s about preventing misunderstandings.
A written agreement doesn’t offend anyone; it protects both sides and the relationship itself.
A few sentences are enough: who, what, why, for how long, and how it will be returned.

Checklist:

• Is it clear the item must be returned?

• Is there a written or electronic agreement?

• Is damage liability defined?

• Was the handover documented?

FAQ

Does a family loan need to be in writing?
Not legally, but without it you can’t easily prove that it was a loan, not a gift.

What if the person refuses to return the thing?
You can send a formal notice to return the item, and if that fails, file a lawsuit for recovery of property (§ 1040 Civil Code).

What if the thing is damaged?
The borrower is liable if they caused the damage or failed to handle the thing with due care.