Family Home During Separation and After Divorce in Greece: Who Has the Right to Remain (Article 1393 of the Greek Civil Code)

One of the most pressing issues arising when marital cohabitation ends is who will remain in the home. Greek law provides a specific framework for the family home during separation in Greece under Article 1393 of the Greek Civil Code. This provision applies during the period of separation while the marriage continues to exist and allows the court to grant use of the residence to one spouse, even where the other spouse owns it. Following the dissolution of the marriage, however, the legal basis for remaining in the property must be assessed differently.

What Is the Family Home?

The family home is the property that served as the spouses’ principal shared residence during their marital cohabitation. The property does not need to be owned by either spouse; it may be rented or occupied under another lawful arrangement.

The concept concerns the spouses’ actual principal residence and generally does not include a secondary residence or holiday home. Having children is not a prerequisite for the application of Article 1393 of the Greek Civil Code. Where children exist, however, their interests are an express and particularly important consideration for the court.

What Does Article 1393 of the Greek Civil Code Provide?

Where marital cohabitation has ceased, the court may, if required by considerations of fairness in view of each spouse’s particular circumstances and the interests of the children, grant one spouse the exclusive use of the family home, either in whole or in part.

Such use may be granted regardless of which spouse owns the property or holds the right to use it against its owner. Consequently, even if the property belongs exclusively to one spouse, the court may grant its use to the other spouse for the duration of the separation.

The order does not transfer ownership or create a permanent right over the property. It is a special and temporary arrangement concerning its use, which departs from the general rules of property and contract law for as long as the statutory requirements continue to be met.

What Factors Does the Court Consider?

The allocation of the family home is not automatic. The court assesses the particular facts of each case, including:

• The best interests of the children, their place of residence, their day-to-day care requirements and the importance of preserving a stable and familiar environment.
• Each spouse’s financial and professional circumstances.
• Each spouse and familiar environment’s age, health and housing needs.
• The ability of each spouse to secure suitable alternative accommodation.
• The circumstances surrounding the cessation of cohabitation, insofar as they affect the safe and orderly use of the residence.
• Any other relevant circumstances connected with considerations of fairness.

Neither spouse has an automatic right to remain based on gender, nor is ownership alone decisive. The court conducts an individual assessment. Responsibility for the breakdown of the marriage is not, by itself, a determining factor, although incidents of violence or dangerous conduct may clearly be relevant.

The Temporary Nature of the Arrangement

The arrangement under Article 1393 is temporary because it is linked to the continuing existence of the marriage and the cessation of marital cohabitation. It may remain in force throughout the separation or for a shorter period, depending on the terms of the court order.

The temporary duration of the substantive right should not be confused with interim measures as a procedural mechanism. The use of the family home may be determined either in principal proceedings or provisionally through interim measures.

The court order may be reviewed when a change in circumstances so requires. A new judicial determination may, for example, become necessary following a change in the children’s residence, either spouse’s financial or housing position, or another material fact on which the original order was based.

What Happens After Divorce?

The special protection of Article 1393 does not continue automatically after divorce. In a judicial divorce, the arrangement generally ends when the divorce judgment becomes irrevocable. In a consensual divorce, the marriage is dissolved when a copy of the relevant notarial deed is filed with the competent civil registry or when the registry is notified electronically.

Following dissolution of the marriage, use of the property is governed by the general rules of property and contract law. It is therefore necessary to determine who is the owner, co-owner, tenant or holder of another right of use, and whether an agreement or other independent legal basis permits the former spouse to remain.

Arrangements concerning parental responsibility, the children’s place of residence or maintenance may affect the family’s overall housing needs. They do not, however, automatically extend the application of Article 1393 beyond the dissolution of the marriage.

Where a former spouse continues to occupy the property without an independent legal right, the person entitled to possession may pursue its recovery through the appropriate legal proceedings and, depending on the circumstances, may also have claims concerning its use. Removal cannot, however, be carried out arbitrarily by changing locks or taking other unilateral action; the lawful procedure must be followed.

What If the Property Belongs to a Third Party?

Where the family home belongs to a third party or is occupied under a lease or another legal arrangement, the judicial allocation of its use does not transfer ownership or create a right stronger than the right already held against the third party. The duration and terms of the lease and the owner’s rights must continue to be considered separately.

Where the right to use the residence arises from an employment relationship between one spouse and a third party, the court may grant its use to the other spouse only with that third party’s consent. This is an express exception under Article 1393.

How Is Use of the Family Home Claimed?

The allocation of the family home may be sought through principal proceedings conducted under the special procedure governing family disputes.

Where the matter is urgent or an immediate risk must be prevented, a provisional arrangement may be requested through interim measures proceedings. The court may determine how the residence is to be used, order one spouse to move out and regulate the allocation of household items used jointly. In exceptionally urgent circumstances, a temporary court order may also be requested.

In domestic violence cases, the available measures may include removing the respondent from the family residence and prohibiting them from approaching specified locations.

Practical Points Requiring Attention

1. Identify which property genuinely constituted the principal family residence and the legal basis on which it is occupied.
2. Collect the title deed, lease agreement or other documents establishing ownership or a right of use.
3. Document each spouse’s housing needs and, where children are involved, their place of residence, daily routine and need for a stable environment.
4. Determine whether urgent provisional protection through interim measures is required.
5. Avoid unilateral action such as changing locks, removing personal belongings or disconnecting essential utilities.
6. Plan separately for the legal position of the residence after the marriage is dissolved, as Article 1393 protection does not continue automatically.

Frequently Asked Questions (FAQ)

Who is entitled to remain in the family home during separation?

Neither spouse has an automatic right. The court decides on the particular facts, considering each spouse’s circumstances, the interests of the children and considerations of fairness.

Does ownership of the property determine who remains?

Ownership is relevant but is not decisive on its own. Article 1393 allows temporary use to be granted even to the spouse who does not own the property.

Does the same arrangement continue after divorce?

No. Following dissolution of the marriage, use of the residence is determined on the basis of ownership, a lease, an agreement or another independent legal right. Article 1393 does not automatically establish a right to remain after divorce.

How can use of the family home be claimed?

It may be sought through principal proceedings under the special procedure for family disputes or, where there is an urgent need, through an application for interim measures.

Can the court order be changed later?

Yes. Article 1393 provides that the order may be reviewed when circumstances so require. A new judicial determination and a material change in the relevant facts will be required.

What happens if there are no children?

The provision also applies to spouses without children. The court examines each spouse’s financial, housing, professional and personal circumstances, together with considerations of fairness.

Can the owner spouse unilaterally change the locks?

Ownership does not authorise arbitrary action, particularly while a court order or another valid right of use remains in force. Recovery of the residence must be pursued through the lawful procedure.

What if the residence was provided through employment?

Where the right of use arises from one spouse’s employment relationship with a third party, granting use to the other spouse also requires the third party’s consent.

Does the family home include only the principal residence?

Yes. Article 1393 concerns the property that served as the spouses’ principal shared residence and generally does not include secondary residences or holiday homes.

This article is intended solely for informational purposes and does not constitute legal advice. Each case requires an individual assessment based on its specific facts and the applicable legal framework. For specialised legal advice, please contact our law firm.