Division of Matrimonial Property

Updated: January 23, 2026

Marriage is a fundamental social institution protected by law. However, when a marriage breaks down, disputes concerning children and property can become complex and emotionally challenging.

This guide outlines the legal framework governing the division of matrimonial property in Cyprus following divorce and explains the key principles applied by the Family Court.

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🔑 Key Takeaways

The Family Court has jurisdiction over matrimonial property disputes.
Under the Law Regulating the Property Relations of the Spouses of 1991 (Law No. 232/1991), only property acquired after marriage or in anticipation of marriage is subject to division.
As a general rule, one spouse is entitled to one-third of the property acquired by the other spouse during the marriage or in anticipation of marriage. This share may be increased or reduced if a different level of contribution is proven.
During divorce proceedings, the court may allow one spouse—usually the parent with whom the children reside — to remain in the matrimonial home. This arrangement normally ends once the divorce is finalised.

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📑 Applicable Legislation, Court, and Definitions

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, which hears applications relating to:

divorce,
child custody,
child maintenance, and
matrimonial property.

Property includes any movable or immovable asset acquired by either spouse after the marriage or in anticipation of marriage.

The matrimonial home is the house, apartment, or other dwelling that serves as the family’s primary and habitual residence.

The applicant is the spouse claiming a share of the property, while the respondent is the spouse against whom the claim is made.

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📒 General Principles of Property Division

Cyprus law applies the following core principles when dividing matrimonial property:

Spouses remain financially independent. Divorce does not automatically affect personal assets.
Under Article 14 of the Law, if one spouse’s property increases during marriage or in anticipation of marriage, the other spouse is entitled to a share.
The default share is one-third, unless evidence proves a larger or smaller contribution.
Only property acquired after marriage or in anticipation of marriage is divisible. Personal property or assets acquired before marriage are excluded.
The court may order disclosure of assets. Providing false, misleading, or incomplete information constitutes contempt of court.
Contributions made by a spouse who stayed at home to care for children or manage the household are fully recognised and may justify a one-third share—or more, if proven.
Gifts made by the respondent to the applicant are taken into account when calculating the total award.

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📔 Proof of Contribution

If a spouse claims more or less than the standard one-third share, the alleged contribution must be proven.

Evidence may include:

witness testimony,
documents, and
financial records.

Contribution is interpreted broadly and may include:

financial payments or bill coverage,
household work and childcare,
organisation of family and social life,
guarantees for loans or mortgages, and
any effort that enabled the other spouse to pursue a profession, business, or otherwise improve the family’s welfare.

🏠 The Matrimonial Home

Different rules apply to the matrimonial home during and after divorce proceedings.

During Divorce

The court may issue an interim order granting one spouse — typically the parent with primary care of the children—exclusive use of the home. The children’s welfare is a primary consideration.

After Divorce

Once the divorce is finalised, the interim order usually expires, and the matrimonial home is divided based on each spouse’s contribution.

In exceptional cases, the court may extend the right to remain in the matrimonial home for up to two years after the divorce, if fairness and circumstances justify it.

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📚 Property Excluded from Division

Certain categories of property are excluded from division, including:

gifts and inheritances,
proceeds from gifts or inheritance,
donations and bequests, and
property acquired before marriage.

Each spouse retains exclusive ownership of such assets.

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🏷️ Property Registered in Both Names

Where spouses acquire property jointly — such as a house, apartment, or land—it is generally divided equally, unless a different contribution is proven.

If the property includes a business or company, its value must be determined by experts.

Time Limits for Property Claims

Claims for the division of matrimonial property must be filed within three years from the date of divorce. Counterclaims are permitted and are deemed to have been filed on the same date as the original claim.

If the applicant dies, the claim does not pass to their heirs unless:

it has been contractually recognised, or
it was already filed before the court.

Cases Where No Order or Reduced Share Is Granted

In certain serious circumstances, the court may reject or reduce a property claim. This may occur if the applicant has:

been convicted of murder or manslaughter of the respondent or their children,
caused grievous bodily harm to the respondent or children,
unjustifiably deserted or failed to maintain the respondent, or
behaved in an excessively cruel or immoral manner.

Conclusion

The Family Court divides property acquired after marriage or in anticipation of marriage, with the default entitlement being one-third, unless proven otherwise. Claims must be filed within three years of the divorce.

The matrimonial home is divided according to contributions, although the court may allow the spouse primarily responsible for the children to remain in the home during divorce proceedings and, in some cases, for up to two years thereafter.

Serious misconduct by the applicant may lead to the rejection or reduction of their claim.