Couples in Greece

Last updated on: 11.05.2022

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1. Which law applies?

1.1. Which law is applicable to a couple´s property? Which criteria/rules are used to determine the applicable law? Which international conventions have to be respected with regard to certain countries?

For marriages concluded until 28 January 2019, the property regime of spouses is regulated by the law which applied to their personal relations immediately after the marriage took place (Art. 14 and 15 of the Hellenic Civil Code, hereinafter HCC), namely in the following order: 1. the law of the spouses' last common nationality during the marriage, if one of them has retained it 2. in absence thereof, the law of their last common habitual residence during the marriage and 3. in absence thereof, the law to which the spouses have the closest ties.

Following the adoption of European Regulation (EU) 2016/1103 of 24 June 2016, new rules apply to determine the law applicable to all marriages concluded as from 29 January 2019 and to marriages concluded before the date of entry into force where the spouses have chosen a law applicable to their matrimonial regime as from 29 January 2019.

In the absence of choice of law, Article 26 sets out the hierarchy of connecting factors to determine the applicable law, as follows.

The spouses’ first common habitual residence after the conclusion of the marriage.
Failing that, the spouses’ common nationality at the time of conclusion of the marriage. This criterion cannot be used when the spouses have several common nationalities.
Failing that, the law of the State with which the spouses jointly have the closest connection at the time of conclusion of the marriage.

By way of exception and provided that one of the spouses so requests, the competent judicial authority may decide that the law of a State other than that of the first common habitual residence after the conclusion of the marriage shall apply (Art. 22.3).

1.2. Do the spouses have the option of choosing the applicable law? If so, by which principles is this choice governed (e.g. the laws to be chosen, formal requirements, retro-activity)?

Until 28 January 2019, the spouses cannot choose the law applicable to their property by means of contract. The Hague Convention of 14 March 1978 referred to above has not been ratified by Greece. Consequently, the Greek rules of private international law apply ex lege.

Regulation (EU) 2016/1103 provides for the possibility to choose the law of one of the States of which at least one of the spouses is a national or the law of the habitual residence of either spouse at the time of the choice as the law applicable to their matrimonial property regime (Art. 22). This choice may only be validly made as from 29 January 2019 within the framework of a marriage contract or an agreement on the choice of applicable law and in compliance with the formal requirements laid down in Article 23.

Finally, the choice of law applicable to the matrimonial property regime during the marriage will only have effect for the future, unless otherwise agreed by the spouses and without prejudice to the rights of third parties.

2. Is there a statutory matrimonial property regime and if so, what does it provide?

2.1. Please describe the general principles: Which goods are part of community property? Which goods are part of the separate estates of the spouses?

There are two systems regulating the matrimonial property of spouses:
a) The separation of property/participation in acquisitions system (Art. 1397-1402 HCC):
This system applies if the spouses have not concluded a contract. The separation of property/participation in acquisitions system (Art. 1397 HCC) establishes a rule whereby the individual property of the spouses remains unaffected by the marriage. The property which the spouses held before their marriage and which they acquire after it continue to constitute their separate property and they are each individually liable for their own debts with their separate property. In case of dissolution of the marriage, however, each spouse is entitled to participate in the augmentation of the property of the other spouse which has occurred since the marriage was entered into if he/she has contributed to this augmentation (see under 5.1.).

b) The community of property system (Art. 1403-1415 HCC):
The community of property system, which is not at all wide-spread, means that the spouses opt to establish a community of property with equal shares in each other's property, but without a right for each spouse to dispose of this share in the property.

Assets covered by the community of property system (Art. 1405 HCC):
Where the contract contains no provision about the extent of the community of property system, this regime will cover all assets which each of the spouses acquires non-gratuitously during the marriage, apart from income derived from property which that spouse owned before the marriage. The common property does not include any of the following, even if acquired non-gratuitously: 1. the assets of each of the spouses intended strictly for personal use or the carrying on of his/her profession and the relevant appurtenances, 2. claims specified in Articles 464 and 465 HCC (claims that due to their nature are so closely related to one person that they cannot be delegated or separated from the person or claims that have been agreed as not to be subjected to delegation) and 3. intellectual property rights.

2.2. Are there legal assumptions concerning the attribution of property?

An asset is presumed to be part of the common property if nothing else is proved.

2.3. Should the spouses establish an inventory of assets? If so, when and how?

The spouses are not obliged to prepare an inventory of assets.

2.4. Who is in charge of the administration of the property? Who is entitled to dispose of the property? May one spouse dispose of/administer the property alone or is the consent of the other spouse necessary (e.g. in cases of disposal of the spouses’ home)? What effect does the missing consent have on the validity of a legal transaction and on opposability towards a third party?

Under the separation of property/participation in acquisitions system, each spouse is responsible for managing and disposing of his/her own property. However, one of the spouses may grant the other spouse the power to manage his/her individual property, without any accountability or obligation to hand over income deriving from the management of those assets, where terms to the contrary have not been agreed. Such income is considered to be part of the obligation to contribute to meeting the needs of the family (Art. 1399 HCC).
Under the community of property system, the question of who will manage the common property and who has the right to dispose of it is a matter to be agreed by the spouses, as is the question of whether there should be a right of consent in the case where it is agreed that one of the spouses will manage the assets.

2.5. Are any legal transactions made by one spouse also binding on the other?

Under both systems, in principle, legal transactions entered into by one spouse are only binding on that spouse. However, in case of the community of property regime, for debts incurred by one spouse during the marriage which relate to the management of the common property and to the needs of the family also the non-debtor spouse is subsidiarily liable (see under 2.6.b)).

2.6. Who is liable for debts incurred during the marriage? Which property may be used by creditors to satisfy their claims?

Under the separation of property/participation in acquisitions system, only the spouse who incurred debts during the marriage is responsible for them. Creditors can only satisfy their claims from the personal assets of the debtor spouse.
Under the community of property regime, responsibility for debts incurred during the marriage which relate to the management of the common property and to the needs of the family lies with the debtor spouse and the creditors can satisfy their claims from his/her personal property and the common property (and, if this property is not sufficient, from the personal property of the non-debtor spouse, up to half the value of their claim, Art. 1410 HCC). In the case of personal debts and debts unrelated to the debtor spouse's power to manage the common property, creditors can satisfy their claims from the personal property of the debtor spouse, and only where this property is insufficient may they satisfy their claims from the common property, and even then only up to half of its value (Art. 1408-1409 HCC).

3. How can the spouses arrange their property regime?

4. Can or must the matrimonial property regime be registered?

5. What are the consequences of divorce/separation?

5.1. How is the property (rights in rem) divided?

If the separation of property/participation in acquisitions system applies and the marriage is terminated, a spouse is entitled to participate in the augmentation of the property of the other spouse which has occurred since the marriage was entered into if he/she has contributed to this augmentation. The contribution is assumed to amount to one third of the augmentation, unless proven otherwise. The same applies in case of a separation of the spouses of more than three years. What a spouse has acquired by donation, bequest or inheritance is not considered to be part of the augmentation of his/her property (Art. 1400 HCC).
If the community of property system was chosen, the divorce results in the dissolution of the property regime and, if common assets remain, the division of the common property. Unless there is agreement to the contrary, the division of the common property will be regulated in accordance with the provisions on termination of a community of rights and the distribution of assets held in common in line with Articles 795 et seq. HCC and the provisions of the Hellenic Code of Civil Procedure on the distribution of assets held in common. The common property is distributed either by contractual settlement or, in case of disagreement, by the courts (Art. 1414, 798-799 HCC). Each spouse is entitled to receive one half of the common property. This claim for division cannot prescribe.

5.2. Who is liable for existing debts after the divorce/separation?

Under the separation of property/participation in acquisitions system, the debtor spouse remains responsible for existing debts after the divorce. He/She is liable for those debts with his/her personal assets.
Also under the community of property system, the debtor spouse remains responsible for existing debts after the divorce. However, in the case of debts incurred by the debtor spouse during the marriage which relate to the management of the common property and to the family's needs, the rights in rem of creditors over the common assets are not affected by the distribution of the common property which follows the termination of the community of property system (Art. 803 HCC).

5.3. Does one spouse have a claim to an equalisation payment?

There is no mandatory claim for an equalisation payment. However, there is the possibility to make such a claim using the provisions on unjustified enrichment.

6. What are the consequences of death?

7. Does your national law provide a special matrimonial property regime for multi-national couples?

8. What does the law provide for the property of registered and non-registered partners?

Law 3719/2008 introduced the concept of the 'free partnership agreement', which may be concluded only by adult heterosexuals. Articles 1 to 13 lay down the conditions and formalities for drafting and terminating such a free partnership agreement, and also regulate the partners' property relations and issues of alimony and parental care and provides for the inheritance rights deriving from such an agreement. Such agreements have to be drawn up in the form of authentic instruments.

Article 6 of that law specifically grants the following options:

If the partners do not include any special provision in the free partnership agreement, during the time the agreement is in effect they remain subject to the separation of property regime both for assets acquired before the agreement and for those acquired in the future during the time the agreement is in effect or
the partners can stipulate in the free partnership agreement that any assets to be acquired in the future during the time the agreement is in effect will belong to both of them in equal shares or
the partners can stipulate in the agreement that, if the agreement is terminated, each party will have a claim against the other party for assets acquired during the time the agreement is in effect if he/she has contributed to their acquisition. This claim cannot arise in the heirs of the beneficiary, nor be assigned to or inherited by them, but does lie against the heirs of the obligor. The claim shall be barred two years after the dissolution of the agreement.

As far as the rights of inheritance of the surviving partner are concerned, either on the basis of intestacy or a will, Article 11 (a provision of compulsory law) states that:
- Where the free partnership agreement is dissolved by the death of one partner, the surviving partner will have an intestate hereditary right amounting to one sixth of the estate if there are children, to one third if there are heirs of other ranks, and to the entire estate if there are no relatives of the deceased who can be cited as intestate heirs.
- Notwithstanding what the deceased has provided in his/her will, the surviving partner will be entitled to his/her legal share of the property which will amount to half of the intestate share corresponding to him/her.
There are no provisions regulating the property rights of unregistered partnerships.

9. Which is the competent authority to turn to in cases of disputes and other legal issues?

For all legal actions brought, judgments given and acts issued until 28 January 2019, the Greek courts have jurisdiction to decide on disputes relating to couples of different nationality where the Greek private international law states so, in other words when the case has a substantial connection with Greece.

Generally, there is jurisdiction of Greek courts when the defendant has his/her permanent residence in Greece. In case the defendant has no permanent residence neither in Greece nor abroad, the court of the district of his/her residence is competent (Art. 3 and 22 and the following of the Code of Civil Procedure).

In case of matrimonial issues also the court of the district of the spouses' last common residence is competent (Art. 39 Code of Civil Procedure). Greek courts are always competent for parties having the Greek nationality (Art. 611 and 612 Code of Civil Procedure).

For all legal actions brought, judgments given and acts issued on or after 29 January 2019, regardless of the date of marriage, Council Regulation (EU) No 2016/1103 of 24 June 2016 will apply.

This Regulation provides that the competent authorities will be as follows:

For matters relating to the matrimonial regime in the event of the death of one of the spouses, jurisdiction lies with the court competent for the succession (Art. 4).
In matters relating to the matrimonial property regime in the event of an application for divorce, legal separation or marriage annulment, jurisdiction generally falls to the court competent to rule on the matrimonial dispute.
In other cases, the spouses may agree that jurisdiction shall lie with the Member State whose law is applicable or with the Member State where the marriage is concluded. Such an agreement must be in writing, dated and signed by the parties. In the absence of an agreement, the courts of the Member State shall, as a general rule, have jurisdiction to settle any question relating to their matrimonial property regime other than in the event of the death of one of the spouses or a matrimonial dispute:
- of the spouses’ common habitual residence at the time the court is seised; or failing that
- of the spouses’ last habitual residence, insofar as one of them still resides there; or failing that
- of the habitual residence of the respondent; or failing that
- of the spouses’ common nationality.

With the exception of any litigation, notaries – unless they have been appointed by their Member State as a court within the meaning of Article 3.2 – are not bound by these rules of jurisdiction and may therefore act freely, for example in drafting a marriage contract or a choice of law agreement. It should be noted that in Greece, for the time being, the notary has the power to conclude a cohabitation contract and not a marriage contract, which is not provided for at this stage by the legislation.