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Updated: June 16, 2024
Marriage is the cornerstone of society, and social institutions protect its sanctity. Nevertheless, sometimes, a marriage does not work for various reasons.
Decisions about children and property during divorce can be difficult and complex. This guide explains the legal framework for dividing matrimonial property upon divorce in Cyprus.
Contents ˅
The applicable legislation is the Law Regulating the Property Relations of the Spouses of 1991 (Law No 232/1991).
The competent court is the Family Court.
The Family Court hears applications for:
Property means any movable or immovable property that any spouse got at any time after or before the marriage on expectation of marriage.
The matrimonial home is the house, apartment, or other structure used as the family’s primary residence and usual family home.
The applicant is the spouse who claims part of the property; the respondent is the spouse against whom the application is made.
Under Cyprus law, when it comes to divorce and the division of matrimonial property, specific rules apply:
Contribution must be proved if one of the spouses alleges a larger or smaller share than one-third of the property.
Proof can involve testimony, witnesses and documents.
Contribution can be money, payment of bills, personal work in the home, household duties, raising children, organising dinners and events (taking care of the social life), guarantees for mortgages and other loans and generally any form of contribution giving advantage to the other spouse, allowing the other spouse to carry on a profession or business or promoting the family’s welfare.
Concerning the marital home, the rules differ during and after divorce.
During divorce, the court can make an interim order allowing one spouse (usually the spouse with whom the children are staying, the resident parent) exclusive use of the home. The welfare of the children is among the court’s primary concerns.
The interim order expires when the divorce is issued. Then, the matrimonial home is divided according to contribution.
However, the order may be extended for a maximum period of two years after the dissolution of the marriage if the case circumstances and equity require it.
There are types of property that are not divided upon divorce. Each spouse can keep them. These types of property are:
Sometimes, the spouses acquire property they place in both their names, such as an apartment or a plot of land.
Such property will be divided in half unless a larger or smaller contribution is proved.
If the spouses have set up a company or business, experts will need to estimate its value.
The parties have three years from the date of the divorce to claim property regulation. Counterclaims are allowed. For time limits, the counterclaim is considered to have the same date as the claim.
The claim is not inherited by the applicant’s heirs if the applicant dies unless it has been recognised by contract or filed as an action before the court.
Sometimes, the applicant will fail to get a proportion of the property, or their claim will be reduced. This results from some severe forms of misbehaviour on the part of the applicant, that is, if the applicant has:
The family court divides the property one spouse got after the marriage or based on the expectation of marriage. The other spouse will get one-third of the share unless a different share is proven. The parties have three years from the date of divorce to make a claim.
The matrimonial home is shared accordingly, but the court may allow the spouse who keeps the children to stay with them in the house during the divorce and (in some circumstances) for two years after. Some forms of severe misbehaviour on the part of the applicant-spouse will result in failure or reduction of the claim.
What are the property rights of one spouse against the other upon divorce?
A spouse is entitled to one-third of their contribution to the other spouse's property during marriage. The contribution may be indirect, for example, caring for the home and children.
How strong is the one-third presumption of property increase/contribution in divorce cases?
The presumption is “rebuttable”. This means that it is assumed to be one-third unless there is proof that it was higher or lower than that. The party claiming a higher or lower contribution must bring evidence to the Family Court.
Is any property, such as a gift or inheritance given to one spouse, exempted from division?
Yes, gifts and inheritance given to one spouse are exempt from division upon divorce in Cyprus.
How about gifts made from one spouse to the other during marriage? Is the spouse obliged to return them?
A gift transfers property, so the spouse who received it does not have to return it. However, the Family Court will count the value of the gifts when it estimates the property division.
Is the property division claim satisfied by a money order or transfer of property order?
The Family Court can issue both a money order and transfer of property orders, though money orders are more common.
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