Hello all.Slightly sticky situation...

tuscanwellies Image
02/10/2015 - 11:56

Hello all.Slightly sticky situation... My English husband and I live in Italy as residents. We have been married for 14 years (married in the UK) and are still UK citizens. We have no other property but the one we are both currently living in. We're are now sadly in the process of separation but I need to sell the house in order for us to buy two smaller ones (either here or in the UK) and move on. I'm the sole owner (deed-wise) - a decision that was made when we purchased it 7 years ago because my other half did not want his sons to inherit (they are already to be the beneficiaries of his generous family trust).He says he will not allow me to sell the house and is now threatening an injunction. So my question is: Am I entitled under Italian law to sell the house that is in my name only? Or can he place any form of injunction to prevent me as he paid for most of it? Also, am I entitled, legally speaking, to 100% of the monies raised from the house sale? I will split it of course, I just want to make sure we get a fair share because I have a long-term debilitating illness, all my savings went on the house renovation and I have no other capital/income. I know, it's a bit of a mess!Any help and advice would be greatly appreciated.

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You say you are the sole owner, because only you signed the atto?  That is all well and good if you are in separation of goods.  If you are married in communioin of goods then your husband automatically owns 50% and you will need his say so to sell.  If on the other hand, the atto says you are in separation of goods and only you signed then the property is 100% yours to do with as you see fit.  Under Italian law it is yours and only yours.  

Thank you very much for replying and clearing matters up.Can you kindly tell me what Italian phrase to look for in the atto to ensure there is separation of goods? As only my name/signature is on the atto I assumed this was enough. Guess I need to do some re-reading.

When you signed the atto the notaio should have asked you.  Usually on the first page after your names, it will say something like, coniugato/a in comunione dei beni or separazioni dei beni.  If it says nothing, and you were married in the UK, then you automatically fall into the comunion of goods as that is the default state in the UK.