The property is in ITaly so
Submitted by modicasa on Thu, 05/03/2018 - 03:12In reply to A newbie all over again! by Annec
The property is in ITaly so Italian law takes precedence. On paper she is 50% owner, BUT it all depends on the wording of the divorce - if it divided 'all' the estate then there is still paperwork to do in ITaly to take her name off the property. If it wasnt nominated at all in the divorce then she is still half owner according to Italian law, unless you get it sorted out by a UK court.
Thank you for taking the time
Submitted by gabi on Thu, 05/03/2018 - 04:09In reply to A newbie all over again! by Annec
Thank you for taking the time to explain that, that is a very clear answer. So basically I would need to see a copy of the divorce papers to see how it was worded. What wording would mean that she could have no further claim on the property as it wasn't part of a written agreed agreement?
Hi, this is only based on my
Submitted by Angelo C on Sat, 06/09/2018 - 14:37In reply to A newbie all over again! by Annec
Hi, this is only based on my experience and knowledge and only by reading the few sentences about the matter. When the couple bought the house in Italy they were married in comunione dei beni. That means the house is authomatically of shared ownership. Howver, while they are married the property is seen and legally considered as whole. Later on they got divorced. This causes that although they own the 50% of the property each, they can in theory already decide to sell half, meaning that the other owner can buy it out or the seller can sell it to someone else, for instance a relative. The divorce simply "divide" the property in two and make the two shares somewhat indipendent from the other. Obvioously such thing does not make one of the owner abke to sell his half disregarding completely the rights and priorities the law gives to the owner of the other half. With regards to the value of the property or of the 50% of it, it will refer to the market value as it stands now, becuase her right of ownership has been an ongoing right and the divorce has not cancelled it. It has actually made it more readily exercisable.I hope this is helpful, but I still recommend you to seek legal advice or get in touch with a notary here in Italy, they should be able to clear your doubts upon examining the documentation you have got. Let us know how it goes and if you need any help with talking to some of the professionals you may have to deal with here in Italy.Take care.