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Division of property upon divorce

Division of property upon divorce

Family Law / Division of property upon divorce


According to Article 1400 of the Greek Civil Code, if a marriage is dissolved and the property of one of the spouses has since the marriage increased, the other spouse is entitled to claim the attribution of that part of the increase, if he proves that he indeed contributed to such increase.
There is a presumption that the spouse contributed in one third of the increase, except if the spouse proves greater or lesser contribution or no contribution at all.
The Supreme Court has held (case 1889/2007) that contribution to the increase of the other spouse’s property does not solely amount to capital funds.

The contribution may even include services provided to the marital house, which can be assessed in money.
These services may even be the caring and upbringing of the children for which the other spouse saved expenses and increased his property.
The assessment of the services provided by the spouse may be estimated based on a presumed salary that the spouse would have gained if he/she was working, but instead sacrificed such professional career for the family’s benefit.
Property acquired by the spouses by way of donation, inheritance or through acquisition by the disposal of the proceeds of such donation or inheritance is not included in the increase of the spouses’ property.