Ownership of Italian second home/

It depends. If the conjugal life was in the UK, then when without a stipulation the default state is 'communion of goods'. Therefore he bought the house while married and immediately 50% of it became the property of the wife. On the deed of purchase it should say whether the house was bought in separation or communion of goods and whether the buyer was married even if doesnt name the exwife.

Thanks for your reply looks like I need to try and get a copy of the deeds from Italy then as I suspect his ex wife will not wish to forward her copy. If the property was bought in communion of goods, does that mean that even though the divorce settlement and division of assets was agreed at time of divorce and didn’t include the Italian property and both parties have since remarried she can still claim 50% of the property 20 years later? They were married in the uk and both have resided permanently in the uk. Thanks

Need the Italian Purchasing Deed ! , maybe on it is writted that the buyer use for buy , money provided outside the marriage - If do not have any info about money surce - Standardly in Italy , all purchasing is in communion law - I suggest to submit , the purchasing Deed to an Italian Notary !

Thank you. I suspect that it will have been bought in communion but I thought after a divorce and all assets are divided if the property wasn’t requested as part of the final divorce settlement the spouse cannot come back later and say “actually I do want half of the property now” I know I need to get a solicitor and probably one that speaks Italian and understands Italian law.

No one and therefore not even the bride has a time limit to ask that it be delivered to her what in Italian property records is her by law and by purchase - The only way to own property, of a property, which is registered at a person's name is to file a lawsuit for USUCAPIONE proving that he / she has enjoyed the property for 20 continuous years and has paid the possession taxes

Yes, you do need someone who deals with this sort of thing regularly. I recommend Charlotte Oliver who is a bbilingual lawyer based in Rome who really knows her stuff: www.oliverpartners.it The divorce was in the UK and so has no bearing on Italian property law if the property was never cited. HOwever as a half owner the exwife would have been responsibile for half the taxes and imposte on the property, which presumably she has never paid. She may decide, if she owes 20 years worth of taxes that its not something she really wants to bother with. However, you do need a bit of expert advice.