Family Law
Who Keeps Immovable Property after Divorce?
The effect of title, the family home, contributions and children’s housing needs on immovable property.
Title alone is not decisive
Section 26 brings into account immovable property acquired during marriage and registered in either or both spouses’ names. The acquisition date, source of funds, debts and each spouse’s financial and domestic contribution are therefore considered alongside title.
The family home receives separate consideration
The home occupied by spouses and children raises housing and safety issues in addition to ownership. The children’s best interests may affect interim occupation or protective orders; temporary use does not necessarily transfer ultimate ownership.
Statutory method of division
Under section 26(5)(B), the property is valued at the hearing date and divided in the proportion fixed by the court. The registered owner must pay the other party’s share. The court determines the timing and method of payment and who may occupy the property until payment.
Preparing the file
Review the title deed, sale contract, loan statements, payment receipts, renovation invoices and the parties’ finances at acquisition. Expert valuation may be required.
Sources
Relevant legislation and official sources
Family (Marriage and Divorce) Law No. 1/1998 — consolidated textTRNC Supreme Court Judgment SearchThis publication is for general information and does not constitute legal advice on a particular matter. Legislation and case law may change. Seek legal assistance promptly, especially where a court or application deadline may apply.