According to recent decision of the Supreme Court of Cyprus, Family Courts will now have jurisdiction to deal with property disputes, between couples, which concern any contribution of the parties to any property, even if it appears to belong to a third party or it is held on trust.
Up to date, the only persons which could be joined as litigants in matrimonial property cases were the spouses whereas the addition of any other party as defendants was impossible. The ruling of the Supreme Court now would provide a solution to the case where a party has transferred his/her property to a third party or to a company that belongs to that party or to his/her family, incidentally or on purpose, so that his/her spouse would be excluded from any rights to claim proportion of that property.
This development in Cyprus Family Law can be proved very crucial for separated or divorced couples, as it will eliminate unfairness to a great extent. Any property dispute will now be tried before a Family Court and each party will be entitled to claim a proportion of that property according to his/her contribution to the increase of the other party’s property, irrespective of whether that property is registered to the defendant or to a third party, as long as the defendant is beneficially or otherwise entitled to this property.
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