1282 New Member

Good for you. :D You are sooooo lucky. You don't mention wether you have children or not. I divorced my ex husband 7 years ago and have since married somebody normal, problem I have is two of my four children are ex's and am trying to get permision to emigrate. Worst is I wait eight more years until Millie is sixteen and we don't need permision then but I dont want to wait 8 months let alone 8 years. :mad:

Good luck, take care and welcome to the forum. :p

Paula

trust me, you will better get some proper legal advice because when it comes down to money, your husband's brain will soon wake up and he will come after your house as soon as he will find out of his entitlement!

Can't you wait until your divorce is complete first?

I absolutely agree with Laura72, if his solicitor realises you are moving then your husband will be aware of the potential claim and you don't want to start your new life with this sort of threat hanging over you. Best wishes, and good luck.

When I bought our [holiday] home in Italy - my wife and I decided to have me as the owner, rather than have joint ownership.

When we were at the Notaio's signing the papers - he insisted that she sign each page to show that she was relinquishing her right to joint ownership - so you might have problems anyway if you aren't divorced.

[bet each Notaio does it differently though!!]

I bought a place earlier this year and my husband had to sign a disclaimer on every page saying he had no ownership of the property and the money that had funded the purchase was all from me so your solicitor is absolutely right.
This was because we were going for residency tax discounts at the time and only I was due to take up residency - to get the max discounts the house had to be in my name only. We never got the discounts in the end but thats another story.
As its hardly likely your husband will be willing to sign this disclaimer I think you should definately wait if he is likely to play silly buggers - I hope its not a long wait.
Good luck with the move.

Marina

this all sounds quite strange, if a married couple buy a house in the husbands name only,the wife has to sign away her half, and viseversa!!!!!! i thought any property whether house , car , if in one spouses name, automatically belongs to partner, unless the married couple have chosen to cut the other out by choice, then that is right for notaio to ask you to sign every page to relinguish your half, guess what if thats the case this is one lady that wont be at the notaio,s office, not there , cant sign !!!!!!!!!!! in all seriousness, i have researched this, whether husband or wife buy a house or car in italy it automatically belongs to the other, even in one name, so cant understand why the notaio required this.

Am I an old fashioned romantic, my husband and I share EVERYTHING. It wouldn't even enter my head for one of us not to be included in purchase of anything even if its only a new fridge.

He does have a saying though "What's mine's your's, what's your's is your own" but he's a very generous human being and we just put everying into one big pot. Then again if we were all the same life would be pretty boring. :D

P

[QUOTE=kym]Hello every one I am introducing my self as a new member.
My name is kym and I am nearly divorced.
I am currently in the proccess of buying a house in Bardi Emilia Romagna In the hills with my half of a uk house sale. I have fallen in love with the house and the area and dont want to lose it.
I hope to relocate there to start a new single life after 22 years with my husband. I am a little scared at 42 alone and moving to a foreign country. But been to Italy many times and I love the people and their wonderful country. Hoped when I signed on the 31st of October to never look back. But have a slight problem my italian solisitor said if I do not have my decree absolute when I sign my soon to be ex husband can claim half the property any one else out there had experience or horror of this. (That is if he has a brain to ask a solisitor or be told this)[/QUOTE]
you have to consider the english law, not the italian. if you and your housband are both uk citizens, you are under uk rules about purchases during the marriage.
so if the uk law (that i dont know) says that you have a joint ownershp of all the goods you buy, you have necessarly to wait until divorce.
if the uk law says that the ownership goes to the one of the spouses who buy the good, you have no prblem.

Thank you every one for you kind words, :confused: :confused: Now I am totally confused on Italian Law. I have instructed an Italian solicitor in the uk to deal with the purchase and he is going to look into it and have a word with the English family lawyer as well as the notiao

Has any one had experience of surveyors in Italy I have instructed him that I want a structural survey as the house was built in 1901
(said it on the door). I also have a problem of a farmer next to me any one had any problems with what happens in Spain where they have to have first offer on the property unless they relinquish their rights to wanting that particular property may never happen but I have been told of people in rural parts of italy been tied up in legal battles. Trust me to find the house of my dreams Old and in the middle of no where.

I am taking my son who is 12 and my 2 great danes (hope the neighbours wont mind?)

A lighter note
On the matter of sharing if I have to there is always the electric saw
for cutting furniture in half. only kidding may frighten all the men out there!

Sorry to be so boing again, what has your husband said about you going with his son, this is the side I'm interested in. Has he given is ok, also has your son learned Italian prior to his re-location and does he fancy a pen pal. My son is worried and doesn't want to move. I have posted a thread asking for a pen pal for him and luckily got a friend for my daughter (kirstin, we're writing the letter tomorrow). Just for James to ask questions about fitting in, the language etc might ease the worries a bit. I wish you every bit of luck and wish we could do it sooner than later.

P

Hi P
What I did, was discuss the Idea with my husband then I took my son to Italy for a week house hunting. He actually picked the House I must be mad letting a 12 year old choose but I have.
He is a little apprehensive. I was in fact going to move to Lanzarote last year where my mum lives and went with him for a month, but the weather is too hot out there. I actually make cold pressed olive oil soap for a living here in the uk. I took the soap out there and sold it on Teguise and Arricife market. Spoke to mum the weather is 35 degrees out there at the moment. It is like living in a pizza oven. Italy is my choice because I had two Italian distributors a couple of years ago and spent alot of time in Piza and Bologne. The language may be a barrier for Louie but I have been told kids pick it up quicker than we do. I can only try to make him as happy as possible. As to my husband he has agreed and agreed on the divorce papers I can take him abroad as long as he wants to go. If my son changes his mind then I will be going alone. My son would prefer lanzarote but being fair skinned the heat would kill me. I love Italy and have friend through my business who speak English so I am hoping they will help us both with the culture and the language. I know enough to understand but having lessons to help with renovation work.
kym

[QUOTE=kym]Thank you every one for you kind words, :confused: :confused: Now I am totally confused on Italian Law. I have instructed an Italian solicitor in the uk to deal with the purchase and he is going to look into it and have a word with the English family lawyer as well as the notiao

Has any one had experience of surveyors in Italy I have instructed him that I want a structural survey as the house was built in 1901
(said it on the door). I also have a problem of a farmer next to me any one had any problems with what happens in Spain where they have to have first offer on the property unless they relinquish their rights to wanting that particular property may never happen but I have been told of people in rural parts of italy been tied up in legal battles. Trust me to find the house of my dreams Old and in the middle of no where.

I am taking my son who is 12 and my 2 great danes (hope the neighbours wont mind?)

A lighter note
On the matter of sharing if I have to there is always the electric saw
for cutting furniture in half. only kidding may frighten all the men out there![/QUOTE]

Kym, look in LEGAL section, under Pre emption rights for your problem ref. the neighbour, there are details which must be sorted out pre purchase, your lawyer / agent should deal with them for you.

" Old and in the middle of no where." LOL, you've just described me to a "T"...

Bet My seven dogs could give your 2 a run for their money :D
Good Luck.

[QUOTE=Laura72]trust me, you will better get some proper legal advice because when it comes down to money, your husband's brain will soon wake up and he will come after your house as soon as he will find out of his entitlement!

Can't you wait until your divorce is complete first?[/QUOTE]

I have an italian lawyer in the UK working on everything for me I just dont want to lose the house or my money. I am trying hard to get the divorce final before I sign just hope for my sake it all comes off

[QUOTE=GeorgeS]Kym, look in LEGAL section, under Pre emption rights for your problem ref. the neighbour, there are details which must be sorted out pre purchase, your lawyer / agent should deal with them for you.

" Old and in the middle of no where." LOL, you've just described me to a "T"...

Bet My seven dogs could give your 2 a run for their money :D
Good Luck.[/QUOTE]

Thanks George I believe my solicitor is contacting the vendor to make sure the neighbour signs what ever documents I need.

[QUOTE=kym]... But have a slight problem my italian solisitor said if I do not have my decree absolute when I sign my soon to be ex husband can claim half the property any one else out there had experience or horror of this. [/QUOTE]

Your solicitor is correct. If you are still married when you buy a property, under UK law, then your sposue will have the potential to argue that he/she has a right to a share of that property - not necessarily half but probably up to a half. To be sure that you do not fall foul of UK law of property, you would have two alternatives: (a) wait until your decree absolute, or (b) get your spouse's declaration that he does not have any claim over your Italian property.

Hi Kim

At the signing of my compromesso the Notaio asked if the neighbours had a right to buy as they may have been registered as a certain type of farmer...not sure of the exact phrase but it beging with a C.

As far as I know he is going to need to see proof that they do not before the sellers can go to the Rogito.I found that my notaio was very careful to look at the facts and documents in front of him before the compromesso was presented to me for signing.My geometra also looked at the paperwork and found that the sellers needed to get some more done before the notaio allows the final act to go ahead..he is vice-mayor too so hopefully knows the local laws.

We have trusted to our agents,House Around Italy our geometra Enzo and the Notaio and used no lawers so we will either get totally stung or have saved ourselves a packet!! My gut feeling is those I've dealt with are good, honest people but that because of Italian Law we will come across one or two problems once we actually try to start on the bulding.So far its been such plain sailing and I feel the agents will not want to be part of any downright fraud as it would soon get back to other Brits and loose the custom.

[QUOTE=Licciana]Your solicitor is correct. If you are still married when you buy a property, under UK law, then your sposue will have the potential to argue that he/she has a right to a share of that property - not necessarily half but probably up to a half. To be sure that you do not fall foul of UK law of property, you would have two alternatives: (a) wait until your decree absolute, or (b) get your spouse's declaration that he does not have any claim over your Italian property.[/QUOTE]

the lady did say she was buying the property with her share of the house
settlement. you cannot make a claim on a settlement.