Division of Family Property in Cyprus After Divorce: A Legal Guide for Cypriots Living Abroad

Introduction

Following a divorce, the issue of dividing family property often becomes a major point of dispute between former spouses. For Cypriot nationals residing abroad—in the United States, the UK, Australia, or elsewhere—the process can be more complex due to geographic distance, legal variations, or challenges in accessing documentation.

In Cyprus, the main legal framework is set out in the Regulation of Property Relations of Spouses Law (Law 232/1991). This law establishes the key principle that each spouse is entitled to a share of the property accumulated during the marriage based on their contribution.

1. The Principle of Contribution: What Is Considered?

The division is based on the contribution made by each spouse toward the acquisition of the family property during the marriage.

How is contribution determined?

Under Article 14 of Law 232/1991:

“A spouse who has contributed in any way to the increase of the other spouse’s property is entitled to claim a portion corresponding to that contribution.”

Presumption of One-Third

There is a legal presumption that one spouse contributed at least 1/3 to the other’s property unless proven otherwise.

Examples:

• If the wife pays off a mortgage with her income while the house is in the husband’s name, she is entitled to a share.

• Household work, child-rearing, and general support in family life are considered indirect contributions.

2. Property Registered in a Third Party’s Name

In many cases, assets (such as real estate or bank accounts) are registered under the name of a third party, but are in reality owned by one of the spouses.

Legal Approach:

• The court may recognize a constructive trust or identify an attempt to evade fair distribution.

• For example, a property may be registered under a parent’s name, but fully financed by a spouse.

Supporting evidence includes:

• Bank transfers

• Contracts and transaction history

• Third-party statements

• Email or written correspondence showing intention

3. Representation Through Power of Attorney for Cypriots Abroad

Cypriot citizens living abroad can be legally represented in Cyprus through a Special Power of Attorney, allowing their lawyer to act on their behalf.

Requirements:

• The power of attorney must be notarized and apostilled, or certified by a Cypriot consulate.

• It must clearly state the authorized actions (e.g., filing a lawsuit, appearing in court, signing settlements).

E. CHATZIDIMITRIOU LLC provides:

• Remote legal representation

• Document preparation and filing without personal appearance

• Virtual consultations and regular case updates

4. Issuance of Interim Injunctions

In urgent cases, where there is a risk of property being sold or hidden, a party may apply for a court injunction to freeze assets or prohibit transactions.

When is it used?

• Alongside the main property claim

• In emergencies, such as imminent sale or transfer of property

An injunction may include:

• Freezing bank accounts

• Prohibiting the sale of real estate

• Blocking transfer of shares or other valuable assets

5. Evidence of Contribution: What the Court Considers

Success in court depends on the quality of evidence proving one’s contribution to the property.

Acceptable documentation:

• Bank records (e.g., money transfers, mortgage payments)

• Investment statements

• Foreign income receipts or tax filings

• Testimony regarding domestic work or family support

6. Cohabitation Without Marriage: What Are the Differences?

Couples who live together without marriage are not covered under Law 232/1991. However, they may seek remedies through:

• Tort claims (unjust enrichment)

• Constructive or resulting trust claims

Example:

A couple cohabits for 10 years, and one partner contributes financially to a house purchased in the other’s name. With sufficient proof, a court may recognize a right to partial ownership or repayment.

Final Advice for Cypriots Living Abroad

✅ Keep records of your financial and domestic contributions

✅ Don’t ignore property held in someone else’s name

✅ Appoint a lawyer in Cyprus via power of attorney

✅ Request interim protection where necessary

✅ Consult a specialized attorney for tailored legal strategies

If you live abroad and need legal representation in Cyprus, we are here to help:

E. CHATZIDIMITRIOU LLC

Email: info@hatzidimitriouvirtuallaw.com

U.S. Tel: +13474034789

www.hatzidimitriouvirtuallaw.com