The rights each spouse has in the family home, and what the court can decide.
The family home is usually the most important asset a couple has, and often the most emotional. This page explains what the law says in Malta. Article numbers refer to the Civil Code.
The matrimonial home is established where the spouses decide by common accord, in line with the needs of both and the overriding interest of the family (article 3A). If a spouse owns the home or part of it, that spouse can sell or give away their right over it only with the other spouse’s consent, or with the court’s authority where consent is unreasonably withheld, or in a judicial sale at a creditor’s request (article 3A). A spouse who did not consent to a transfer can bring an action to annul it within one year of its registration (article 3A).
During the case, either spouse can leave the matrimonial home, and either can ask the court to decide who, if anyone, lives in it until the case ends (article 46). A spouse who leaves can also ask the court to allow them to withdraw a reasonable sum from the community of acquests to pay for somewhere else to live, without the other spouse’s consent, and to sign a lease for it without that consent. The court agrees only if the departure and the expenses are justified and proportionate, the sum comes from funds that spouse has received or holds, and the expenses are for their benefit and, if relevant, their children’s (article 47A).
On the request of either spouse, the court can order, according to the circumstances (article 55A):
In every case, the court considers the best interests of the minor children, including the impact an order would have on them, the welfare of the spouses and children, and whether the spouses have, or could afford, somewhere else to live (article 55A). The court can change its decision if there is a substantial change in circumstances (article 55A).
In a divorce, where the spouses are not already separated, the spouse who applies can ask for what could be asked for in separation, including orders about the matrimonial home (article 66D). In mediation, who lives in the matrimonial home is one of the points you try to agree (article 66I).
Please do not sell, mortgage or move out of the home before getting advice. What you do in the first few weeks can affect what a court may later order.
Last reviewed on 8 October 2026. The law changes, so please check the current position with an advocate before acting.
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This page gives general information. If something here applies to you, send us a few lines and we will get in touch.