The contribution in the acquisition of an immovable property is adjusted to its value at the time of the separation
Property relations between spouses vary from case to case depending on the kinds of assets, the time and manner of their acquisition, the contribution of each spouse and in whose name they are registered. These issues are proved to be serious and difficult to resolve.
The term ‘property relations’ between spouses means their relations involving movable and immovable property acquired with the prospect of marriage, before or at any time during marriage by either spouse. ‘Contribution’ means any kind of contribution by the spouses or the creation of property and includes taking care of family members and the home.
The issue of resolving property disputes between spouses is within the jurisdiction of the family court and is regulated by article 14 of the law (L.232/1991) stating the following: “14 (1) If the marriage has been dissolved or annulled or if the spouses are separated and the property of the one spouse has been increased after the marriage, the other spouse, having contributed in any way to the said increase, is entitled to file an action before the court and claim such part of the increase resulting from his/her contribution. (2) The contribution of a spouse in the increase of the other spouse’s property is considered to be 1/3 of the increase, unless such contribution is proven to be higher or lower. (3) Whatever the spouses acquired (a) as a donation, inheritance, bequest or other gift, (b) through the disposal of property acquired as described in paragraph (a), is not included in the increase of their property”.
An issue arises in relation to the property of a spouse, the value of which increases over time, whether the contribution to the acquisition of the property will be deducted without adjustment or will be adjusted according to its value at the time of separation. The issue of added value due to the increase in property prices was raised in the context of the unanimous decision of the Supreme Court dated December 15. In particular, the wife suggested that the difference between the purchase price of the house and its value at the time of the separation constituted its natural added value due to the increase in the property prices and the husband did not contribute to it.
The court agreed that there was added value, which could only be attributed to the increase in the property prices. The house was purchased in 1999 for €119.602 and in 2011 was worth €329.000. The court stressed however that the person who has contributed to its acquisition is also entitled to this added value.. Otherwise, as the court states, it would not be a question of attributing part of the increase, but of returning the amount of the contribution, as if it were an interest-free loan to the other spouse.
The court concluded that the issue of added value due to the increase in property prices led to the issue raised by the wife, since she and her father paid amounts corresponding to 76 per cent of the price of the house or in proportion 53/70 of its purchase cost. This contribution adjusted to the proportion of 53/70 of the value of the house at the time of the separation, was equal to €249.100. Therefore, as the wife suggested, the husband’s contribution in relation to the house should be sought in the remaining value, from which the existing debt of the house should be deducted. The court agreed and assessed the amount of the husband’s contribution to 1/3 of the remaining amount after deducting the existing loan, which was undertaken by the wife.
George Coucounis is a lawyer practicing in Larnaca and the founder of George Coucounis LLC, Advocates & Legal Consultants, [email protected]