In reply to A newbie all over again! by Annec
common law
Submitted by Anonymous (not verified) on Sat, 11/15/2008 - 11:25In reply to A newbie all over again! by Annec
I inherited the house from my parents 9 years ago.They left Italy during the war years to work in the USA.They worked in the states for 25 years then retired back to Italy.I met my girlfriend who is Italian shortly after i inherited 9 years ago & we've been together in this home ever since.
In reply to A newbie all over again! by Annec
Ah so no connections with the UK then. Presumably the house was the family house for generations and not bought by your parents.
In reply to A newbie all over again! by Annec
my parents bought the house about 18 years ago.
In reply to A newbie all over again! by Annec
Hi
With something this important I suggest that you get the advice of a lawyer, to much to lose if you are given the wrong information here.
In reply to A newbie all over again! by Annec
Yes I wholeheartedly agree Aretina and looking at Frank's profile I see too he's from the UK .....
In reply to A newbie all over again! by Annec
It depends if you have written a will. If not, under Italian succession common law spouses have no rights at all - according to my lawyer......
In reply to A newbie all over again! by Annec
disclaimer: check all facts written here (in this post and elsewhere) with Italian legal professional! :yes:
Even if you were married with comunione dei beni (legally shared assets), inherited assets do not fall within this scope and are therefore identified as personal assets.
In fact, even when married under a regime of "comunione dei beni", there are many different cases of assets that remain the sole ownership of the individual. For example, all those goods acquired before the marriage. Or inherited assets, or assets that were donated to the individual, both before and after the marriage. Goods used to carry out one's profession also remain personal (e.g. an industrial property or piece of machinery). And strictly personal items such as jewellery also remain in the possession of the individual.
So I am fairly sure that in your case, your partner would have no rights to your inherited property, married or not.
In reply to A newbie all over again! by Annec
i would say there is no definitive answer because a specialist lawyer that could maybe approach the situation via European law above national law and human rights could well win a case against quotes regarding traditional and archaic Italian law... Italy is also changing many of the rules in any case... as non married couple gains more and more rights here .. so tomorrow it could all change...
the definitive answer to this is to not arrive at that problem and if you do whoever has the better lawyer will win...
In reply to A newbie all over again! by Annec
[quote=adriatica;104623]
the definitive answer to this is to not arrive at that problem and if you do whoever has the better lawyer will win...[/quote]
very true and if children are involved, even though the ownership may not be disputed the partner who retains main custody of the children will probably be given the right to remain in the family home...
Complicated given it would depend perhaps if your house was inherited under English or Italian law.
I think you should give us some more details.