In cases where marital relations break down, one of the most immediate and sensitive issues that arises is the continued residence of the spouses, particularly when minor children are involved. Cyprus law provides a structured mechanism to address this, enabling one spouse to secure exclusive use of the marital home under certain circumstances.
Legal Foundation
Under Section 17(1) of the Family Courts Law of 1990 (Law 23/1990), either spouse may apply to the Family Court for an order granting them exclusive occupation of the family residence. This legal remedy is available once serious marital difficulties emerge, or where divorce proceedings are pending, or even after notifying the competent ecclesiastical authority of intent to dissolve the marriage in accordance with the relevant law on reconciliation and spiritual dissolution.
Applications must be filed before the Family Court of the district where either party resides or works. The term “family residence” refers to the primary, stable home shared by the couple, regardless of ownership status—whether the property is owned by either spouse, both jointly, or even rented.
When Can the Court Grant Exclusive Use?
The Court may issue an order assigning exclusive use of the entire home, or part of it, to one spouse. The decision is based on equitable considerations, taking into account:
- The particular circumstances of each spouse,
- The welfare of any minor children, and
- The need to protect vulnerable family members from further emotional or physical harm.
Notably, the Court’s assessment is not influenced by title ownership or who pays the mortgage or rent. Legal ownership is irrelevant; what matters is the best interest of the family during the marital conflict.
Importantly, this legal mechanism is only available while the marriage remains legally valid. Once the marriage is dissolved, the Court no longer has jurisdiction to grant or uphold such an order.
Protective Purpose, Not Punitive
The goal of an exclusive use order is not to penalize either spouse, but to prevent escalation of conflict within the family home. It aims to preserve a degree of normalcy and protect the emotional well-being of those most affected—especially minor children. The courts routinely emphasize the importance of a stable home environment in ensuring children’s psychological safety during periods of parental separation.
Situations Warranting an Order
Exclusive use orders are most commonly granted in situations involving:
- Children’s welfare at risk due to hostile cohabitation,
- Physical or psychological abuse by one spouse toward the other,
- Situations where continued co-residence becomes untenable or unsafe.
The presence of minor children is a strong factor, but the absence of children does not exclude the possibility of such an order—particularly where serious domestic violence or intimidation has occurred.
Urgent, Ex Parte Applications
In emergency scenarios, such as ongoing or imminent domestic violence, the law allows for urgent unilateral applications (ex parte) by one spouse, without prior notice to the other. The Court may issue a temporary exclusive use order within 48 hours, safeguarding the applicant’s immediate need for protection and stability.
Key Takeaway
Section 17(1) of the Family Courts Law serves as a protective legal tool designed to shield spouses—and especially children—from the adverse consequences of marital breakdown. By allowing one spouse to remain in the familiar environment of the marital home, it reduces trauma, prevents further deterioration of family dynamics, and ensures continuity in daily life during a period of major upheaval.
It is a remedy grounded in compassion and practicality, offering immediate relief where continued cohabitation is no longer viable.
Phoebus, Christos Clerides & Associates LLC offers experienced and discreet legal representation in all areas of family law, including applications for exclusive use of the marital home. The firm is dedicated to protecting the rights and well-being of its clients through tailored legal strategies and a commitment to excellence.