Civil Code (Cap. 16)
Civil Code (Cap. 16), article 55
55. (1) The court may, at any time during the cause for
separation, upon the demand of any of the spouses, order the
cessation of the community of acquests or of the community of
residue under separate administra tion existing between the spou ses.
(2) The order for the cessation of the community as provided in
sub-article (1) shall be given b y means of a judgement from whi ch
every party shall have a right of appeal, without requiring
permission from the court for this purpose.
(3) The order of cessation shall have effect between the
spouses from the date of the judgement on appeal or, if no appe al is
entered, from the date when the time allowed for the appeal lap ses,
and it shall remain valid even if the cause for separation is
discontinued.
(4) Prior to ordering the cessation of the community in accordan ce
with this article, the Court shall consider the prejudice that any party
may suffer as a result of such cessation, as well as the prejud ice that
the other party may suffer from the subsistence of the communit y; and
the Court shall order the cessation of the community where it
considers that neither party would suffer disproportionate prej udice as
a result of such cessation.
(5) The order of cessation under this article shall, at the expe nse of
the party who demanded such cessation, be notified to the Direc tor of
Public Registry and it shall have effect as if the cessation of the
community of acquests or of the community of residue under sepa rate
administration were made by public deed.
(6) Unless the court, in its discr etion, upon the demand of one of
the parties, shall have ordered the cessation of the community of
acquests or of the community of residue under separate administ ration
existing between the parties at t he time of commencement of the cause
for separation, on separation be ing pronounced, the court shall direct
that the community of acquests or the community of residue unde r
separate administration shall c ease as from the day on which th e
judgement becomes res judicata.
(7) The court may however where in its opinion circumstances
so warrant direct that an asset or assets comprised in the
community be not partitioned before the lapse of such period af ter
the cessation of the community a s it may in its direction deter mine.
(8) Any direction given by the court in virtue of sub-article (7 ),
may on good cause being shown, be changed or revoked by the
court.
CIVIL CODE [CAP. 16. 27
Matrimonial home.
Added by:
XXI.1993.32.
Amended by:
XIV .2011.5.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.