9406 Joint purchase advice

Thinking of buying, as husband and wife in Italy?
That's just fine by Italian law and aided by your trusty lawyer all should go well but remember that in ALL documents you have to sign, the co-buyers must be named consistently and correctly e.g Smith, John and Brown, Jane (her maiden name).
If at any stage this is not done then a notaio can call a halt and everything re-written and or notarised, at this point your trusty lawyer may present you with a bill to put it right.

Category
Property Sales/Rental Advice

Why did you post that message? I ask because you do not explain clearly what problem you are highlighting. There might just be the technical aspect of whether a maiden name is used by the wife (which is a bit historic), or you might be referring to the (optional) regime of separazione dei beni. This latter consideration has some implications - the maiden name stuff is easily superated. What are you warning against (apart from using lawyers!)

[quote=elliven;88245] e.g Smith, John and Brown, Jane (her maiden name).
If at any stage this is not done then a notaio can call a halt and everything re-written and or notarised, at this point your trusty lawyer may present you with a bill to put it right.[/quote]

Perhaps a bit misleading - having lived in Italy for 8 years and having signed numerous documents in front of notaio's and various other officials at no point have I ever been asked to sign with my maiden name. My married name is on all official UK & Italian documents and any paperwork required to prove identity and no-one has ever asked that I revert to my maiden name.

I think that it all depends on the name that appears in your codice fiscale and your signature has to be legible and match the name. In my case it is easy, because my EU passport is under my maiden name; however, my Australian passport shows my married name... It is always a matter of remembering which identity I am using when signing for credit card purchases. I have both Australian and EU cards with different signatures... I know that one of these days I am going to make a mistake....

I think I am saying that in all matters legal be consistent in the wifely maiden name - first name Italian convention and avoid slipping in to UK ways at any point - it could be expensive. In my case 600 pounds for a last minute fix!

I must agree with Anne2 Having explained that English women use their husband's surname. I registered from the start as Noble. I have never used or been asked to use my maiden name. (Been married 40 years and almost forgotten it). English friends who have chosen to buy property in the wife's name, have however chosen to use the wife's maiden name for what ever reason?

I think the use of the birth name (maiden name) for women does prevent confusion when you're dealing with the Italian inheritance laws -- now that property is passed down equally to women/daughters along with men/sons, we know many Italian friends who have inherited from both sides of their family -- as my nonna said, why would you change your name? It always seemed to me as though your identity was that of a possession or a chattel needing to be identified by the new "owner" (which of course women were legally until quite recently). Anyway, women in my family keep their birth name (and we've had some serial marriers (!), keeps it simple with driving license, passport, etc. not to ever use anything but your birth name). As my dad & brother are now gone, our family name has "died out" in the male line, but a grandson has chosen the maternal Italian family name over his father's name -- perfectly legit in the US.

We use Ingrid's married name on all Italian paperwork (and there is a lot) for purchase, managing the business, farm, grapes, wine, etc. Never had a single problem. I think the thing is to be consistent.

[quote=Mathematician;88434]... As my dad & brother are now gone, our family name has "died out" in the male line, but a grandson has chosen the maternal Italian family name over his father's name -- perfectly legit in the US.[/quote]

Great idea to keep family names alive. In Spain it is also possible.