An increase in assets, not an automatic division of ownership
Where the Greek matrimonial-property regime applies, the claim under Civil Code Article 1400 is generally monetary. It addresses an increase in one spouse's assets and the other's contribution, rather than automatically transferring a share in every property. It arises in connection with dissolution or annulment and applies by analogy to separation lasting more than three years.
For an initial consultation, separate assets held before marriage, later acquisitions or improvements, and property already jointly owned. Mention different nationalities, former residence abroad and any matrimonial agreement before calculations begin. A current Greek property-tax statement alone does not establish the history of the assets or settle which matrimonial-property law applies to an international couple.
The one-third presumption and direct or indirect contributions
There is a rebuttable presumption of a one-third contribution to the increase: a greater, smaller or absent contribution can be established. This is not a fixed percentage of each purchase. Household work and childcare may be assessed as indirect contributions subject to the legal requirements; they do not automatically become separate remuneration for all ordinary family responsibilities.
Explain specific acts and dates: your own payments, loan repayments, work in a business or meeting expenses that enabled the other spouse to accumulate assets. Link each point to available records. Avoid replacing evidence with a general assertion that everything was done together. Do not enter someone else's bank account, email or other private records without lawful authority to obtain material.
Gifts, inheritances and a useful evidence file
How an asset was acquired matters: gifts, inheritances and legacies are not treated like purchases funded from savings accumulated during marriage. Preserve the relevant deeds and the trail of the funds. Work carried out on an existing or gifted property needs separate assessment; its acquisition deed alone does not establish the circumstances of later improvements.
Prepare a table recording the date, asset, expenditure, source of funding and supporting record. Separate purchase costs from subsequent renovation and distinguish a loan's outstanding balance from repayments of principal. Your lawyer can assess the relevant evidence and any need for valuation. The following is a practical preparation checklist, not a mandatory list applicable to every claim.
- Deeds, acquisition records and earlier asset declarations
- Loan agreements, bank statements and payment confirmations
- Major works invoices and evidence of contributions to a business
- Marriage, separation and divorce documents, together with previous agreements
Sources for this section
Limitation and agreements: checks before signing
Civil Code Article 1401 provides a two-year limitation period after dissolution or annulment. Its precise starting point, suspension and interruption need examination against the way the marriage ended and the procedural documents. Do not calculate solely from the date you moved out, or assume that an informal message has preserved your rights.
Before signing a property settlement, have the full text reviewed alongside the divorce agreement, loans and the parties' ability to perform the terms. Identify matters actually resolved and those left open. For a consultation in Heraklion or remotely, provide organised copies and retain originals. Sources were checked on 21 October 2026; the assessment depends on the applicable regime, facts and documents.
This article is for general information only and does not constitute tailored legal advice. Every matter should be assessed according to its specific facts and available documents.
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