Assigning the matrimonial home requires a reliable valuation and a proper financial settlement

An order assigning a jointly owned matrimonial home to one spouse must still deal with the financial interest of the other. A substantial debt does not make a current valuation unnecessary.

The issue arose in Miguel De Giorgio v Diana De Giorgio (Application 13/2013/4 AGV), decided by Malta’s Court of Appeal (Superior Jurisdiction) on 16 March 2026. The panel comprised Chief Justice Mark Chetcuti, Hon. Dr Anthony Ellul and Hon. Dr Simone Grech.

The assignment of the home

The first court had assigned the matrimonial home to the wife in separation proceedings, in a context of substantial financial liabilities owed by the husband. One of his grounds of appeal challenged how that assignment affected his share of the property.

The problem with the valuation

The Court of Appeal found a problem with the valuation behind the order. The first court had relied on an earlier figure declared in the proceedings, while recognising that it had not been confirmed as the property’s current market value. The appeal court considered that the assignment could not go ahead without protecting the husband’s remaining financial entitlement, if any, once the accounting had been done properly.

Applying article 55A(1)(c) of the Civil Code, the court kept the assignment of the home to the wife but required a current expert valuation before the transfer. It appointed a technical expert and set a minimum valuation tied to the earlier declared figure in this particular case.

A changed procedure

The revised procedure also covered settlement of the third-party liabilities identified, evidence that they had been settled, the transfer of the husband’s undivided share and payment of any balance due to him under the court’s accounting. The judgment therefore changed the machinery of the assignment, rather than reversing the decision about who should receive the home.

The appeal was partly allowed on this and other grounds. It also changed the allocation of responsibility for the marriage’s breakdown and related costs. The discussion of the property should not be mistaken for a full account of everything the appeal court decided.

What the decision means

The central point for a general reader is that assignment, valuation and settlement must work together. If you expect the matrimonial home to be assigned to you or to your spouse, a conversation about your own situation is the right first step. See the matrimonial home, division of property and personal separation, or read your rights in the matrimonial home.

Editorial note

The parties are named as in the published judgment. Personal chronology, medical details, identity-card numbers and the family’s financial figures have been left out.