Cyprus-Forum.com

[p.kyprianou]

Hello

I wonder if anyone can help me I am currently experiencing problems in terms of property in Cyprus. About 8 years ago my mother passed away, before she died she managed to place the land she owned of which she built a house on in the names of her two children myself and my mother. My father is allowed to live there until he in turn passes away which is the downstairs part of the house my sister lives upstairs. On the deeds of the land it states that he and my mother are allowed to live there until there last days, however my father went ahead and remarried without telling me nor did my sister for that matter. What I need to know is what rights do I have in terms of removing his new spouse from the property as this is a breech of contract. I am in the process of registering the houses in the names of my sister and I upstairs for my sister downstairs in my name where my father lives however they both seem to dragging their feet and its frustrating as I live in the UK. How can I go about registering my part of the house any advice would be greatly appreciated.

Mr P Kyprianou

[Eliko]

p.kyprianou, why would you want to remove your father's new wife from the house?, leave the man in peace for God's sake, there is time enough for all the legal nosense attached to property rights in Cyprus.

Or would you prefer to see your father living in misery ?, nice son you turned out to be.

[p.kyprianou]

...well, he was never much of a father but thats besides the point. All I want to know is what legal rights I have in terms of my situation not a moral lesson.

[Southerner]

p.kyprianou, why would you want to remove your father's new wife from the house?, leave the man in peace for God's sake, there is time enough for all the legal nosense attached to property rights in Cyprus. Or would you prefer to see your father living in misery ?, nice son you turned out to be.

Don't agree 100% with you, if there is a breach of contract (which I doubt) then p.kyprianou has every right to get it sorted out, but I don't think that this should entitle him to his part of the property until the demise of his father, nor should he turn his stepmother out, the demise of his father is when his stepmothers situation should be considered, his (p.kyprianou's) expectations are his expectations.

[Eliko]

Southerner, you are probably right mate, it's just that the approach to the situation struck me as a little callous, the fact that the sister is also dragging her heels reveals some reluctance to make any hard and fast changes at this time.

I would have thought a little more consideration for the father's position is appropriate, particularly since the man has re-married.

Bit more respect I think...................................................................

[Southerner]

Southerner, you are probably right mate, it's just that the approach to the situation struck me as a little callous, the fact that the sister is also dragging her heels reveals some reluctance to make any hard and fast changes at this time.
I would have thought a little more consideration for the father's position is appropriate, particularly since the man has re-married.
Bit more respect Ithink...................................................................

As long as the registration is formalised I can't see a problem for anyone, the will already states the terms and condition such as his father being allowed to reside there for the rest of his natural life, unless of course there is a clause stating that if he re-marries then he must leave the property; even then the son would be a bit heartless to turn his father out, the big but is after the demise of his father, surely his new wife certainly would not have any rights to a property owned by someone else

[nhowarth]

Hi P Kyprianou,

This is something you'll need to take advice about from a lawyer in Cyprus. (I assume that your parents are Cypriot?)

Under Cyprus Law there is a system of forced heirship. E.g. If a person dies leaving a spouse and a child then ¾ of the estate passes to the spouse and child in equal shares and the testator (the person making the Will) has the freedom to dispose of the remaining quarter share as they wish. However, currently under Cyprus law, there is a concession for persons who/or whose fathers were born in the UK or in a Commonwealth country. Providing they have made a Will, such persons are allowed to leave their Cyprus assets to whom they wish on their death.

Regards,

[Eliko]

P Kyprianou, better start being nice to your daddy son !!!!,...........................

[Get Real!]

What I need to know is what rights do I have in terms of removing his new spouse from the property as this is a breech of contract.Mr P Kyprianou

You father's new wife is irrelevant to your rights. Upon your father's death you may simply ask her to move on.

[p.kyprianou]

Thank you all for your advice unfortunately I have been somewhat naive and trusting of my father and I paid the price, my intentions however remain honourable towards him. My father throughout has lied and wiggled about as a snake, he married without informing me knowning full well that he was doing a dishonourable thing, if however he was honest and direct there would be no problems whatsoever. My dilemma is that if she has any rights to the house and property once he passes away, that is all, he dragged his feet for many years in terms of keeping his word to me of registering the house in my name once I had left Cyprus (I spent 3yrs there.) This was wrong on his part and I merely reacted in kind...