Absolute use of the matrimonial home
This refers to the right of one spouse to reside in the family home, typically indicating exclusive use of the property.
The matrimonial home
In Cyprus, during or after separation, one spouse may be granted the right to exclusive use of the matrimonial home.
In Cyprus, during or after separation, one spouse may be granted the right to exclusive use of the matrimonial home. This is known as “absolute use” and can be ordered by the court if deemed necessary for the well-being of one spouse or any children involved. The court may grant this right temporarily or for a longer period, depending on the circumstances.
To request absolute use of the matrimonial home, a spouse typically needs to prove that:
- It is necessary for equity reasons; and
- Special circumstances exist including violence in the matrimonial home; and
- For the best interest of the spouses and/or the children. They or the children have a pressing need to remain in the home, such as for stability or safety reasons; and
- The other spouse has alternative housing options or does not need access to the home.
Absolute use is not automatically granted and will depend on the specific facts of the case, including each spouse’s financial situation, their living arrangements, and the best interests of any children involved. This court order does not affect the final division of the property, which will be handled as part of the overall settlement.
Our family lawyers can guide you through the process and help assess whether seeking absolute use of the matrimonial home is appropriate in your situation.
Frequently asked questions
Q1
What is absolute use of the matrimonial home?
Absolute use refers to a court order that grants one spouse the exclusive right to live in the matrimonial home after separation or divorce. This can be a temporary or long-term arrangement, depending on the circumstances with a maximum period of enforcement two years after divorce.
Q2
How do I apply for absolute use of the matrimonial home?
You can request absolute use through the Family Court in Cyprus.
Q3
Will absolute use of the matrimonial home affect property ownership?
No, an order for absolute use does not change the ownership of the home. It is a temporary measure that allows one spouse to remain in the property. The final division of the property will be determined during the property settlement process.
Q4
Can my spouse refuse to leave the matrimonial home?
If the court grants you absolute use of the home, your spouse is legally required to leave within the period the Court will specify. If they refuse, legal enforcement measures can be taken to ensure compliance with the court order.
Q5
What factors does the court consider when deciding on absolute use?
The court looks at several factors, including the needs of any children, the financial circumstances of both spouses, whether one spouse has alternative housing options, and the overall situation regarding the well-being of both parties.
Q6
Can I request absolute use of the home even if I don’t have children?
Yes, absolute use is not limited to cases involving children. If you can demonstrate a valid need for remaining in the home, such as financial hardship or health reasons, or violence the court may still grant you exclusive use.
Q7
Can absolute use of the matrimonial home be changed or revoked?
Yes, the court can modify or revoke an order for absolute use if circumstances change, such as if the spouse no longer needs the home or if alternative housing becomes available or if the house can be divided in a way that both spouses can live in it.