Divorce and Mental health

When a person passes away without a Will, it can cause a number of legal hurdles for their loved ones. One of the most common issues that arises in these situations is how to handle co-owned land, particularly when the surviving spouse and the deceased’s children from a previous relationship are potential beneficiaries of the property.

Under Cyprus Law, when someone dies intestate (without a Will), their property is distributed according to a predetermined formula according to who are the heirs.  In the case of co-owned land, this typically means that the surviving co-owner (usually the surviving spouse) inherits the deceased’s share of the property, in equal shares with the deceased’s children.

One potential issue in these cases is that the surviving spouse may not want to share ownership of the property with the deceased’s children. This can be particularly problematic if the deceased’s children have a legitimate claim to the property (e.g. if they have lived on the land for a number of years). In these cases, disputes can arise over who has the right to use or occupy the property, and how any profits generated by it should be distributed.

One potential solution in these cases is for the parties to negotiate a buyout of the children’s interest in the property. In a buyout, the surviving spouse would pay the children a mutually agreed-upon amount to relinquish any claims to the property. This can be a difficult and emotional process, particularly if the parties have differing opinions on the value of the property or the terms of the buyout agreement. However, it can allow the parties to reach a mutually agreeable solution without resorting to litigation.

To avoid these challenges and ensure that their wishes are honored, it is important for individuals who own property to create a clear and legally binding Will. Even in situations where there are complicated family dynamics, a Will can help to ensure that the deceased’s wishes regarding the distribution of their assets are respected. This can reduce the likelihood of disputes between surviving family members, and ensure that the transition of property ownership is as smooth as possible.

As a divorce lawyer, I have seen how bad choices can greatly impact relationships. It’s remarkable how often people make the same mistakes over and over again. However, it’s not always solely the result of poor decision making. In many cases that I have encountered, mental health problems played a major role in couples’ decision to separate.

Mental health concerns can come in many forms and can affect anyone, regardless of their background or social status. During my years of working as a family lawyer, I’ve seen first-hand how untreated depression, anxiety, and other mental health disorders can lead to problems in marriages and other close relationships. Unfortunately, many people are hesitant to seek help when they should, which can contribute to the breakdown of the relationship.

It’s essential for anyone struggling with mental illness to seek out professional help as soon as possible, and this especially applies to people who are in or considering divorce. There are plenty of great resources available to help those suffering from these types of issues, including counsellors and online support communities.

Another factor that commonly leads to divorce is a lack of effective communication between partners. Poor communication can arise from a variety of issues, including differences in personality, parenting styles, values, or expectations. A skilled therapist can often help couples identify these underlying issues and provide them with effective communication strategies that can help to bring them closer together.

While the end of a marriage can be painful and difficult, it can also be a transformative and liberating experience. In many cases, couples who have worked with a therapist through the divorce process are able to emerge from the experience stronger and more confident, with a renewed sense of self-worth and purpose.

As a divorce lawyer, I believe that it’s important for those considering divorce to take the time to reflect on their situation and consider whether counseling or therapy may be beneficial to their situation. There’s no shame in seeking help, and doing so can often be the first step towards finding true happiness and fulfillment, whether with a partner or on one’s own.


For more detail on your specific situation please contact us for a free consultation.