Divorce and property in Cyprus: when am I entitled to a share of my spouse’s property?
· ACP LEGALS
One of the most common questions we hear after a separation is: “Am I entitled to 50% of the property?” The short answer is: not automatically. In Cyprus, marriage on its own does not transfer property from one spouse to the other. There is, however, a right to a share of the increase in the other spouse’s property, where a contribution is proved.
Which law applies
The matter is governed by the Law on the Regulation of Property Relations between Spouses (Law 232/91). It allows a spouse to claim part of the increase in the other spouse’s property, provided they contributed to that increase. The Family Court has jurisdiction where the property is in Cyprus.
The conditions
- The marriage has been dissolved or annulled, or the spouses have separated.
- The increase in property took place during the marriage (or in view of the marriage) and up to the separation.
- The spouse making the claim proves that they contributed to the increase.
What counts as contribution
Contribution is not only money. Looking after the home and the children, supporting the other spouse’s career or business, and anything else that helped the property grow all count. The law presumes a contribution equal to one third of the increase, unless a higher or lower share is proved.
Gifts and inheritance
Property a spouse acquired by gift or inheritance is, as a rule, not taken into account. If the other spouse helped increase its value, however, that contribution can be considered.
Prenuptial agreements
Prenuptial agreements are not recognised in Cyprus. After separation, however, the spouses can agree in writing how to divide the property, which often saves time and cost.
Protecting property during the proceedings
The Court can order the disclosure of assets and issue interim orders preventing the sale or transfer of property until the case is decided.
Time limit
The application must be filed within three years of the end of the marriage. A spouse can file a counterclaim in existing proceedings even after that period has passed.
The practical difficulties
The two biggest difficulties are valuing the property, especially where there are assets abroad, and proving non-financial contribution. That is why it helps to gather documents, bank statements and witnesses early.
Frequently asked questions
Am I automatically entitled to 50%?
No. You are entitled to a share of the increase in the other spouse’s property in proportion to your contribution, with a presumption of one third.
Does looking after the children count as contribution?
Yes. Caring for the home and the family is recognised as contribution.
How long do I have to apply?
Three years from the end of the marriage.
This article is general information about Cyprus law at the date of publication. It is not legal advice. Contact us about your own situation.