The NS clarified the rights of spouses to use the apartment after separation. The man demanded 120 thousand.

The Supreme Court ruled that if one spouse uses a jointly owned apartment after the other has left, it does not constitute unjust enrichment. Each spouse has the right to use the apartment fully as it is their shared home, regardless of the other's absence. This case involved a couple who each owned half of an apartment in Karlovy Vary. After the husband moved out, the wife continued to live there, leading the husband to claim compensation for unjust enrichment. The Supreme Court overturned lower court rulings, clarifying that a spouse's right to use the home prevents claims of unjust enrichment when one spouse uses the property beyond their ownership share. This ruling is significant for disputes between spouses who are co-owners of a property after separation.