The Complexity of Asset Division

Facing a divorce when there is significant real estate involved adds a layer of complexity that requires clarity, strategy, and a deep understanding of the subject matter. Concern for the future of one's assets, managing jointly owned, rented, or mortgaged properties, is a source of considerable stress. Understanding how to navigate these waters is the first step in protecting your interests and reaching a fair solution. In this context, the support of a divorce lawyer in Milan with experience in managing complex assets, such as lawyer Marco Bianucci, becomes essential for defining a clear path and protecting your rights.

The Regulatory Framework for Property Division

In Italy, the division of real estate in case of divorce depends mainly on the marital property regime chosen by the spouses at the time of marriage or subsequently. If they are under the legal community property regime, all properties acquired during the marriage, even if registered in only one spouse's name, fall under the community and must be divided 50/50. Personal assets, such as those received by donation or inheritance, remain excluded. Under the separation of assets regime, however, each spouse retains exclusive ownership of the assets they have acquired. The situation becomes complicated in cases of jointly owned properties, for which an agreement must be reached or judicial division must proceed.

Valuation and Division Options

The first operational step is the correct market valuation of each individual property. This value forms the basis for any negotiation. The options for division are many: one spouse can buy out the other's share and become the sole owner, the property can be sold to a third party and the proceeds divided, or joint ownership can be maintained, for example, by managing a rented property. If a consensual agreement is not reached, the Court will decide on the division methods, potentially even ordering the properties to be sold at auction, a solution often economically disadvantageous for both parties.

The Strategic Approach of the Bianucci Law Firm

The approach of lawyer Marco Bianucci, an expert in family law in Milan, focuses on building a personalized strategy that goes beyond the mere application of the law. The goal is to transform a moment of conflict into an opportunity to intelligently and sustainably reorganize one's assets. It begins with a detailed analysis of each property, considering not only market value but also tax implications, rental income, and associated burdens, such as mortgages. The priority is always to foster a consensual solution, which allows for maintaining control over the process and obtaining more advantageous and faster results. Should litigation be unavoidable, the Bianucci Law Firm ensures rigorous defense aimed at maximizing the protection of your assets.

Frequently Asked Questions

What happens to the jointly owned marital home if no agreement is reached?

If the spouses do not reach an agreement on the sale or assignment of the jointly owned home, one of them can turn to the Court to request judicial division. The judge, verifying the impossibility of physically dividing the asset, may order its sale at auction, with the subsequent division of the proceeds between the two ex-spouses based on their respective ownership shares.

How are properties purchased by only one spouse divided under the community property regime?

Under the legal community property regime, a property purchased during the marriage by only one spouse automatically falls under the community. Therefore, in case of divorce, the asset is considered jointly owned by both at 50% and must be divided, unless it is a personal asset according to legal exceptions (e.g., received by inheritance).

Is it possible for a property to be transferred to one spouse in lieu of alimony payments?

Yes, this is a possible and often used solution in consensual divorce agreements. Spouses can agree on a 'one-time' property transfer that replaces all or part of the obligation to pay periodic alimony. This type of agreement must be carefully evaluated for its long-term tax and asset implications.

Who pays the mortgage on the house after divorce?

The obligation to pay the mortgage to the bank remains with the person who took it out, regardless of the house assignment or property division. If the mortgage is joint, both spouses remain jointly and severally liable. Internal agreements between spouses, established during the divorce, can regulate who will bear the installments, but such agreements are not enforceable against the bank.

Contact the Firm for a Case Evaluation

The division of real estate assets during a divorce is one of the most delicate and technically complex issues in family law. Inadequate management can lead to significant financial losses and prolonged litigation. Therefore, it is essential to rely on a professional who can guide you with expertise and strategic vision. Lawyer Marco Bianucci receives at his office in Milan at Via Alberto da Giussano, 26, to analyze your specific situation and define the most effective strategy for protecting your assets. Contact the firm for a consultation.