When it comes to buying property in Italy, understanding the matrimonial regime that applies to a married couple is essential. Italian spouses have two options to choose from: the community of property/assets regime and the separation of property regime. Where no alternative agreement exists, the community of property/assets regime applies as the default matrimonial regime.

It is important to note that laws regarding matrimonial regimes and property ownership in Italy may differ depending on the type of partnership or union that the couple has. While many of the same principles for married couples may apply to couples in registered partnerships and civil unions, it is best to consult with a legal professional to understand the specific regulations and implications in these situations.

Matrimonial Regime: Community of Property/Assets

In Italy, the community of property / assets (Comunione dei Beni) matrimonial regime operates by having both spouses equally own all goods they purchase after marriage. Regardless of which spouse made the purchase, both partners own the property in equal proportions of 50%. As a general rule, this regime applies to both movable and immovable goods.

The community of property/assets regime is a default regime that is automatically applicable to Italian married couples if they do not choose a different financial agreement. In other words, unless the spouses make a different arrangement through a notarial deed, the Comunione dei Beni regime regulates their finances and assets.

One of the benefits of the community of property/assets regime is that it ensures a fair distribution of property in the event of divorce or separation. It also encourages spouses to work together and make joint decisions regarding property purchases, as both spouses have equal ownership of the property.

However, the community of property/assets regime may not be suitable for all couples, especially those who prefer to keep their finances separate. Under this regime, any debt incurred by one spouse is the responsibility of both spouses, which can be a disadvantage for those who want to maintain their financial independence.

It is important to note that while the community of property/assets regime is the default regime in Italy, spouses have the option to adopt a different financial agreement upon or after marriage by means of a notarial deed. This allows couples to customize their financial arrangements to suit their specific needs and preferences:

Matrimonial Regime: Separation of Property / Assets

The separation of property regime (Separazione dei Beni) is a matrimonial financial regime in which each spouse retains exclusive ownership and control over the property they have acquired before and after the marriage. Under the separation of property regime, one spouse exclusively owns any property acquired during the marriage, and the other spouse cannot make a claim on it. This includes both movable and immovable property, such as money, investments, real estate, and other assets. Additionally, each spouse is solely responsible for their own debts and liabilities, and creditors cannot go after the property of the other spouse.

This regime provides a clear separation of assets and liabilities between spouses, and can be beneficial for couples who want to maintain financial independence and autonomy. However, in case of divorce, each spouse will only have entitlement to their personal assets, and may not receive any of the other spouse’s property or assets, unless they have agreed upon it in a prenuptial or postnuptial agreement.

Matrimonial Regimes And International Married Couples

Determining the applicable matrimonial regime for foreign spouses or married individuals purchasing property in Italy can be a complex matter. While the European Union (EU) has issued two regulations aimed at simplifying the process, these regulations only apply to marriages after 29 January 2019.

The EU regulations allow spouses to choose the applicable law and regime for their marriage and assets. However, for marriages that occurred prior to this date, the law of the spouses’ home country, or state, applies. This means that foreign spouses must carefully navigate the legal landscape to ensure that they protect their property rights under the appropriate matrimonial regime.

Jurisdiction and Lex Rei Sitae

When determining the applicable matrimonial regime, the law first considers the jurisdiction applicable to the property in the spouses’ home country. Many Common Law countries apply the lex rei sitae principle, meaning that the law of the country where the property is located applies, regardless of the owner’s nationality.

Default Regime for Purchases Made by One Spouse

If one spouse purchases property in Italy without a clear statement of ownership in a prior notarial deed, the default matrimonial regime (community of property/assets) will apply. This means that both spouses will own the property equally, even if only one spouse made the purchase. For instance, if one spouse buys a property in Italy without a prior notarial agreement reflecting a choice of one of the matrimonial regimes for Italian assets, the default regime will apply. It is important to note that even if the purchasing spouse declares in good faith that the couple married under the separation of property regime, the default regime will still apply without a prior notarial agreement reflecting the chosen regime for Italian assets.

Therefore, if only one spouse is buying an Italian property, it is crucial for the married couple to make a clear statement regarding ownership in a notarial deed. This will ensure that their desired matrimonial regime is applicable to the property and protect their property rights.

Potential Issues

Failing to make a notarial deed regarding matrimonial regimes can result in future problems, particularly when selling an Italian property. For instance, if one spouse purchases a property in Italy without a clear statement of ownership in a notarial deed, Italian law considers both spouses as equal owners under the default community of property regime. As a result, the spouse who was not present at the time of purchase but still owns 50% of the property must be a party to any future deed of sale. If they don’t sign the deed, the sale cannot proceed, which can cause delays and legal issues. To avoid such complications, married couples should ensure that their chosen matrimonial regime is clearly stated in a notarial deed when purchasing property in Italy.

When it comes to buying property in Italy, understanding the applicable matrimonial regime is essential. The community of property/assets regime and separation of property regime are the two regimes available for married couples in Italy. It is important to note that while the community of property/assets regime is the default regime, couples have the option to adopt a different financial agreement upon or after marriage. This will allow couples to customize their financial arrangements to suit their specific needs and preferences.

In the case of foreign spouses, the applicable law and regime for their marriage and assets need to be carefully determined to ensure that their property rights are protected. Clear statements regarding ownership in a notarial deed are crucial for married couples when purchasing property in Italy to avoid future problems.

Have you bought property in Italy as a married couple? Which matrimonial regime did you choose and why? Share your experiences in the comments below.