Marriage and Property: How Greek Law Treats Real Estate for International Couples
Reading time: 15 minutes
Table of Contents
- Introduction
- Greek Marriage Law: An Overview
- Property Rights for International Couples in Greece
- Real Estate Ownership and Marriage in Greece
- Divorce and Property Division Under Greek Law
- Tax Implications for International Couples Owning Greek Property
- Legal Protections and Agreements for International Couples
- Case Studies: Real-Life Scenarios
- Future Trends and Potential Legal Changes
- Conclusion
- FAQs
Introduction
As the allure of Greece continues to captivate international couples, many are considering not just vacationing but also investing in property in Peloponnese and other picturesque regions. However, navigating the complex intersection of marriage law and property rights in a foreign country can be daunting. This comprehensive guide aims to shed light on how Greek law treats real estate for international couples, providing valuable insights for those contemplating marriage, property investment, or both in this Mediterranean paradise.
Greek Marriage Law: An Overview
Greek marriage law is rooted in a combination of civil code and religious traditions, reflecting the country’s rich cultural heritage. For international couples, understanding these legal foundations is crucial when considering property ownership.
Civil vs. Religious Marriages
In Greece, both civil and religious marriages are recognized by law. Civil marriages are performed by a mayor or other authorized official, while religious ceremonies are conducted by clergy of recognized faiths. Importantly, both types of marriages carry equal legal weight, including in matters of property rights.
Legal Requirements for Marriage in Greece
To marry in Greece, international couples must meet several requirements:
- Both parties must be at least 18 years old
- Neither party can be currently married
- Couples must obtain a marriage license from the local town hall
- Non-Greek citizens must provide additional documentation, including birth certificates and proof of no impediment to marriage
Property Rights for International Couples in Greece
Greek law generally treats international couples the same as Greek nationals when it comes to property rights. However, there are some nuances that foreign couples should be aware of.
Equal Rights for Foreign Nationals
Under Greek law, foreign nationals have the same rights as Greek citizens to purchase and own property. This includes the right to buy, sell, and inherit real estate. However, there are restrictions on property purchases in certain border areas and islands for security reasons, which apply to both Greeks and foreigners.
The Golden Visa Program
Greece’s Golden Visa program offers residence permits to non-EU nationals who invest in Greek real estate. This can be particularly attractive for international couples where one partner is from outside the EU. The program requires a minimum investment of €250,000 in Greek property.
Real Estate Ownership and Marriage in Greece
The way property is treated in a marriage can significantly impact both partners’ rights and obligations. Greek law provides several options for property ownership within marriage.
Community Property vs. Separate Property
By default, Greek law follows a separate property regime. This means that assets acquired before or during the marriage remain the separate property of each spouse. However, couples can opt for a community property agreement, which would treat all assets acquired during the marriage as jointly owned.
Prenuptial Agreements in Greece
Prenuptial agreements are recognized under Greek law and can be an effective tool for international couples to clarify property rights. These agreements must be notarized to be legally binding and can specify how property will be divided in case of divorce or death.
Divorce and Property Division Under Greek Law
While no one enters a marriage expecting it to end, understanding divorce laws is crucial for international couples investing in Greek property.
Grounds for Divorce
Greek law recognizes both fault-based and no-fault divorces. No-fault divorces can be granted after a two-year separation. Fault-based grounds include adultery, bigamy, and abandonment.
Property Division in Divorce
In the absence of a prenuptial agreement, property division follows the separate property principle. Each spouse retains ownership of assets in their name. However, the court may consider contributions to the marriage, including non-financial contributions, when making equitable distribution decisions.
Tax Implications for International Couples Owning Greek Property
Owning property in Greece as an international couple comes with specific tax considerations that can significantly impact financial planning.
Property Transfer Tax
When purchasing property in Greece, buyers are subject to a property transfer tax of 3.09% of the property’s value. This applies regardless of nationality or marital status.
Annual Property Tax
Property owners in Greece must pay an annual property tax (ENFIA) based on the property’s value and location. International couples should factor this ongoing expense into their budget.
Capital Gains Tax
Capital gains tax on property sales in Greece is currently suspended until 2023. After this, a 15% tax may apply on gains from property sales, with potential exemptions for primary residences.
Legal Protections and Agreements for International Couples
International couples can take several steps to protect their interests when investing in Greek property.
Cohabitation Agreements
For unmarried couples, Greek law recognizes cohabitation agreements. These can provide legal protections similar to marriage, including property rights and inheritance considerations.
Power of Attorney
Granting power of attorney to a trusted Greek lawyer can simplify property transactions, especially for couples who don’t reside full-time in Greece.
Case Studies: Real-Life Scenarios
To illustrate how Greek law applies in practice, let’s examine two hypothetical scenarios involving international couples and Greek property.
Case Study 1: Mixed EU/Non-EU Couple
Maria (Greek) and John (American) marry in Greece and purchase a villa in Santorini. They opt for joint ownership, which simplifies John’s residency status through the Golden Visa program. Their prenuptial agreement specifies that the property will be equally divided in case of divorce, providing clarity and protection for both parties.
Case Study 2: Divorce and Property Division
Sophia (French) and Dimitri (Russian) divorce after ten years of marriage in Greece. They own a house in Athens, purchased during their marriage but solely in Dimitri’s name. Despite the separate property regime, the court considers Sophia’s contributions to the family and awards her a portion of the property’s value in the divorce settlement.
Future Trends and Potential Legal Changes
As Greece continues to attract international investment and migration, legal frameworks may evolve to address the unique needs of international couples.
Potential EU Harmonization
There’s ongoing discussion about harmonizing property and marriage laws across the EU, which could impact how Greek law treats international couples in the future.
Digital Nomad Visas
Greece is considering introducing digital nomad visas, which could offer new pathways for international couples to live and work in Greece while owning property.
Conclusion
Navigating the intersection of marriage law and property rights in Greece requires careful consideration and often expert guidance. While Greek law generally offers equal rights to international couples, the nuances of property ownership, tax implications, and potential divorce scenarios underscore the importance of informed decision-making.
For international couples drawn to the beauty and charm of Greece, understanding these legal frameworks is essential. Whether you’re planning a destination wedding, considering a property investment, or both, being well-informed about Greek law can help ensure that your romantic and financial adventures in Greece are both fulfilling and secure.
As with any significant life decision, especially one that crosses international borders, seeking professional legal and financial advice is highly recommended. With the right preparation and understanding, international couples can confidently embrace the opportunities that Greece offers, creating lasting memories and potentially valuable investments in this timeless Mediterranean haven.
FAQs
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Q: Can same-sex couples marry and own property in Greece?
A: While Greece recognizes civil partnerships for same-sex couples, same-sex marriage is not currently legal. However, same-sex couples have equal rights to own property in Greece, regardless of their marital status.
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Q: Do I need to be a resident of Greece to purchase property there?
A: No, non-residents can purchase property in Greece. However, non-EU citizens may need to obtain a special permit for properties in certain border areas or islands.
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Q: How does inheritance law work for international couples owning property in Greece?
A: Greek inheritance law applies to all property located in Greece, regardless of the owner’s nationality. However, EU regulations allow individuals to choose the law of their nationality to apply to their estate, which can be beneficial for international couples.
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Q: Can a prenuptial agreement made in another country be enforced in Greece?
A: While Greek courts generally recognize foreign prenuptial agreements, it’s advisable to have a Greek lawyer review and potentially adapt the agreement to ensure it complies with Greek law.
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Q: What happens to jointly owned property if one spouse dies?
A: In the case of jointly owned property, the surviving spouse typically inherits the deceased spouse’s share. However, Greek inheritance law also considers other heirs, so it’s important to have a clear will or estate plan in place.
Article reviewed by Devon Bergnaum, Residential Property Consultant | Helping Clients Find Dream Homes, on March 18, 2025
