Managing Valuable Assets

Facing a marital separation is a complex journey, which becomes even more delicate when the assets to be divided include luxury goods such as high-end watches, works of art, vintage cars, or valuable collections. These assets represent not only an economic investment but often carry significant emotional and personal value. Understanding how the law governs their division is the first step to strategically and consciously protecting your interests. As a divorce lawyer in Milan, lawyer Marco Bianucci assists his clients in managing these complex asset dynamics, ensuring an approach that combines legal expertise and utmost confidentiality.

The Marital Property Regime: The Fundamental Starting Point

The division of luxury assets depends entirely on the marital property regime chosen by the spouses. In Italy, the two main options are legal community property and separation of assets. Under the community property regime, which applies automatically in the absence of a different agreement, all assets acquired by the spouses during the marriage, even if acquired separately, become common property. Exceptions include so-called 'personal assets,' such as those received by gift or inheritance, items for strictly personal use, and those necessary for the exercise of a profession. Conversely, with separation of assets, each spouse retains exclusive ownership of assets acquired, even after the marriage.

Proof of Exclusive Ownership

In the context of a separation, the distinction between community property and personal property is crucial. For a luxury asset, proving it is personal property (e.g., an inherited watch or a work of art received as a gift from a family member) is fundamental to exclude it from the division. Proof can be provided through specific documentation such as deeds of gift, wills, purchase invoices solely in the name of one spouse and paid with personal funds existing before the marriage. The traceability of financial flows used for the purchase thus takes on strategic importance.

The Bianucci Law Firm's Approach

The division of valuable assets requires meticulous analysis and a tailored strategy. The approach of lawyer Marco Bianucci, a divorce lawyer with consolidated experience in Milan, focuses on three fundamental pillars. The first is a detailed reconstruction of the assets, aimed at correctly identifying which assets fall under community property and which are to be considered personal. The second is the reliance on qualified technical experts to obtain an objective and impartial estimate of the market value of each individual asset. Finally, the negotiation route is pursued to reach a fair agreement that, where possible, avoids a long and costly legal battle, while simultaneously protecting the value of the assets from forced and disadvantageous divisions.

Frequently Asked Questions

How are luxury watches divided in case of separation?

If the watches were purchased during the marriage under the community property regime, they are considered common property and must be divided 50/50. The division can occur by assigning specific watches to each spouse (after an appraisal attesting to equivalent value), selling the collection and dividing the proceeds, or by assigning them to one spouse who will then compensate the other for their share.

Does a work of art inherited by one spouse fall under community property?

No. Assets received by succession (inheritance) or gift are considered personal assets under Article 179 of the Civil Code. Therefore, a work of art inherited by one of the spouses, even during the marriage, remains their exclusive property and does not fall under the community property to be divided.

What happens if my spouse hid valuable assets?

The concealment of assets that are part of the legal community property is an unlawful act. If it is discovered that a spouse has hidden luxury assets, it is possible to initiate legal action to request the reconstitution of the community property or, if the asset has already been sold, the return of its value corresponding to one's share. Accurate asset investigations are essential in these cases.

Request a Strategic Consultation in Milan

The division of luxury assets in a separation requires expertise, precision, and a strategic vision. If you find yourself facing this delicate situation, it is essential to rely on an experienced professional for a clear assessment of your rights and the options available to you. Contact the Bianucci Law Firm at via Alberto da Giussano, 26 in Milan to analyze your specific case and define the most effective path for the protection of your assets.