The law with number 232/91 for the Regulation of the Property Relations between spouses and as it has been amended from time to time, for the regulation of the property issues between spouses, after the time of their separation is providing that property means movable and immovable property that has been acquired before the marriage with the prospect of marriage or at any time after the commencement of the marriage from any of the spouses.
In the above mentioned law is also provided that in any case of dissolution of the marriage or if the marriage becomes void or in any case of separation of the spouses and the property of the one of the spouses has been increased, the other spouse, if in any way has contributed to this increasement, has the right to apply to the court and file a lawsuit, demanding the payoff of this part of the increasement that it comes from his/her own contribution.
The article 2 of the law with number 23/90 about Family Courts and as it has been amended is providing that property relations between spouses mean all the relations that concern movable or immovable property that has been acquired before the marriage with the prospect of marriage or at any time after the commencement of the marriage from any of the spouses according to the articles of the law 232/91 mentioned above. The above mentioned articles are covering any movable or immovable property that in any way has been acquired before or after the marriage from any of the spouses.
According to the Law, the acquiring of property during the marriage is presumed that it is for the benefit of the spouses, and it can be presumed that the contribution for the one spouse to the other is 1/3 except if one of the spouses has enough evidence to convince that the contribution of the other spouse is different.
The same goes for acquiring property before the marriage with the prospect of marriage. In this case, in addition to the contribution, it must be proven that this property was acquired with the prospect of marriage.
It is concluded that the assets of the spouses are including every movable or immovable property in any case that has been acquired from any of the spouses and moreover it has been decided that assets belonging to the spouses is every property that has been acquired on behalf or for the account of any of the spouses.
The meaning of contribution is expanded at any property that it happens to be registered on the name of a third person or is claimed by a third person.
However, if any movable or immovable property has been acquired by any of the spouses during the marriage or before the marriage with the prospect of marriage and it is registered or it is in the possession of any third person then this third person can be added in the lawsuit which concern the two spouses no matter if he/she possess this property legally or illegally in order to be decided in total and in the same application for property dispute the whole contribution of one of the spouses and furthermore in order to be issued the necessary orders, ordering the third person to return this asset back to the spouse that he/she has contributed for the acquisition of this asset.
In any case, in order to claim property disputes between spouses who are divorced or separated, you can follow the usual procedure through the Family Courts. Our Law Firm handles cases before the Family Courts of Cyprus which concern property disputes between spouses who are separated or have divorced.
