Relocation from the family home (metoikisi) is a precautionary measure aimed at resolving friction and disputes between spouses. It is characterised by its temporary nature, as it lasts only as long as the separation and ends either with the issuance of a divorce or with the eventual restoration of cohabitation.
The institution of marriage, as the law provides, creates a community of life governed by the spouses’ duty to cohabit. This duty is fulfilled through cohabitation (joint residence), which establishes a space — the family home — designated by joint decision of the spouses and protected by law for as long as the marriage lasts. The family home is only the place of principal and permanent residence (i.e. not a holiday home, workshop, etc.).
As is well known, a marriage may function smoothly, but it may unfortunately also evolve in a way that justifies the separation of the spouses through the interruption of marital cohabitation. This may occur, for example, on reasonable grounds such as the misconduct of the other spouse, the choice of a residence to the detriment of the other spouse’s interests or reasonable expectations, a serious, dangerous or communication-precluding illness of one spouse (such as mental illness), or other circumstances aggravating the strained marital relationship which nonetheless do not yet reach the point of justifying dissolution of the marriage (in which case there would be grounds for divorce).
The legislator, taking into account extra-legal factors such as the interests of the children, the particular circumstances of each spouse (e.g. their physical and mental health, general working conditions, financial situation — particularly of the parent exercising parental care of the children) or other equitable considerations, has established the possibility of regulating the use of the family home through recourse to the courts. The court ruling so issued may order the granting to one spouse of the exclusive use of all or part of the property (the family home), regardless of which of the two is the owner of the property or holds the right of use vis-à-vis the owner. This grant ordered by the court is called relocation (metoikisi). Relocation, therefore, is a precautionary measure aimed at resolving friction and disputes between spouses, characterised by its temporary nature, as it lasts only as long as the separation and ends either with the issuance of a divorce or with the eventual restoration of cohabitation.
One of the main grounds justifying legal action for the issuance of a relocation order is domestic violence (whether physical or psychological).
- See also article Eviction of Tenant
- See also article Change of Name
- See also article Payment Order
- See also article Divorce
- See also article Certificate of Inheritance
- See also article Renunciation of Inheritance by a Minor
- See also article Joint Custody of Children
- See also article Custody and Child Abduction
FREQUENTLY ASKED QUESTIONS ON RELOCATION FROM THE FAMILY HOME
1. What does relocation mean and when is it ordered by the court?
Relocation is the judicial granting of exclusive use of the family home to one spouse, regardless of who appears as the owner or tenant. It is ordered when cohabitation has become impossible due to tensions, misconduct, illness or domestic violence, without the dissolution of the marriage yet being required. It is a temporary measure that lasts as long as the separation and ceases upon the issuance of a divorce or upon reunification. The court weighs the interests of the children, the mental and physical health of the spouses and the financial situation of the spouse exercising parental care.
2. What legal remedies do I have to remove a violent spouse?
Where physical or psychological domestic violence is present, the affected spouse may file an application for interim measures of relocation, so that a temporary restraining order may be issued immediately to remove the violent spouse from the home. In parallel, a criminal complaint may be filed under Law 3500/2006 on domestic violence, which often leads to the imposition of restrictive measures (prohibition of approaching the home and the victim). At a subsequent stage, a principal lawsuit for the regulation of the family home is filed, together with claims for custody and child support where minor children are involved.
3. How long does it take to obtain a relocation ruling?
Under the interim measures procedure, a temporary restraining order is generally granted on the same day or within the days immediately following the filing of the application, particularly where danger is established. The hearing on the interim measures is usually scheduled within a few weeks to two months, and the judgment is issued within a reasonable period thereafter. The principal lawsuit before the Single-Member Court of First Instance often requires several months to over a year. The timeframes depend on the court’s docket, the urgent nature of the case and the sufficiency of the evidence.
4. What documents and evidence do I need for the case?
Required documents include the marriage certificate, family status certificate, children’s birth certificates, title deed or lease agreement of the family home, proof of housing expenses, and tax assessment notices for both spouses. As regards the conduct of the other spouse, useful evidence includes medical certificates of injuries or psychiatric opinions, copies of criminal complaints or police incident reports, messages and posts, as well as sworn depositions of witnesses from the family or professional environment. Organising the case file from the outset decisively strengthens the outcome.
5. What are my chances if the property belongs to the other spouse?
Relocation is granted regardless of who owns the property. The law gives priority to the interests of the children and to the specific circumstances of each spouse, rather than to property rights. A spouse who has custody of minor children generally holds a stronger position, particularly where the children have an emotional connection to the specific home, school and neighbourhood. The case is also strengthened by proven violence, illness, or financial inability to find alternative housing. Each case is judged individually on the basis of its actual facts.
6. What is the role of the lawyer in this procedure?
From the first meeting, the lawyer assesses whether the case should commence with interim measures and a temporary restraining order or with a principal lawsuit for the regulation of the family home. The lawyer drafts the pleadings, organises sworn depositions, gathers evidence of violence or tensions and represents the client before the Single-Member Court of First Instance. The lawyer combines relocation with claims for custody, child support and visitation rights, ensuring a comprehensive arrangement. Our firm has substantial experience in family law cases involving domestic violence and handles each matter with discretion and speed.