Renting a Home During Separation

Separation or divorce introduces profound uncertainties, and one of the most pressing concerns the future of the family home, especially when renting. Understanding who has the right to remain in the dwelling, who must cover the rent, and how to manage the relationship with the landlord is crucial for navigating this delicate transition with greater peace of mind. As a divorce lawyer in Milan, lawyer Marco Bianucci assists spouses in clearly defining these aspects, ensuring the protection of the rights of all parties involved, with particular attention to the well-being of the children.

Regulation of the Assignment of the Rented Family Home

Italian law, through Article 337-sexies of the Civil Code, establishes a fundamental principle: the use of the family home is assigned primarily considering the best interests of the children. This means that, as a rule, the judge assigns the dwelling to the parent with whom the children predominantly live, even if that parent is not the holder of the rental agreement. This measure aims to guarantee minors the opportunity to maintain the domestic environment in which they grew up, minimizing the trauma of change.

A direct consequence of this decision is the automatic transfer of the rental agreement. The assigned spouse legally steps into the shoes of the spouse who originally signed the contract, assuming all their rights and obligations. It is important to emphasize that the property owner cannot oppose this succession, as it is imposed by law to protect a higher interest. The primary obligation arising from this is the payment of rent and condominium fees, which from that moment on fall on the spouse who continues to live in the property.

The Bianucci Law Firm's Approach

The approach of lawyer Marco Bianucci, a lawyer with extensive experience in family law in Milan, focuses on a strategic and personalized management of the issue. The goal is not just to obtain the assignment of the home, but to define an overall agreement that is fair and sustainable over time. This involves a careful analysis of the economic situation of both spouses to determine the impact of the rent on the maintenance allowance and to prevent future conflicts. The economic value of the use of the home, in fact, is considered by the judge in quantifying maintenance obligations.

The Bianucci Law Firm, based in Milan, prefers consensual solutions whenever possible, which allow for quicker and less traumatic agreements for the entire family. Through negotiation, it is possible to clearly and jointly define all economic and practical aspects related to the home. However, if an agreement cannot be reached, lawyer Marco Bianucci is ready to assist you in the judicial process to assert your rights and those of your children before the court, ensuring a solid defense based on a deep knowledge of the subject matter.

Frequently Asked Questions

Who pays the rent for the marital home after separation?

In principle, the rent and ordinary expenses are the responsibility of the spouse to whom the home is assigned. However, the judge takes this expense into account when determining the amount of the maintenance allowance for the economically weaker spouse and for the children. Therefore, the non-assigned spouse may be required to pay a higher allowance to indirectly contribute to the cost of the rent.

Can the landlord oppose the transfer of the rental agreement?

No, the landlord cannot oppose it. The court order assigning the family home results in an automatic succession in the rental agreement, as provided by law (Law 392/1978). The assigned spouse takes over the rights and obligations of the original tenant. However, it is good practice to formally notify the landlord of the judge's order.

What happens if the spouse who signed the contract leaves the home before separation?

Until a court order assigns the home, the spouse who signed the rental agreement remains solely responsible to the landlord for paying the rent. Abandoning the home does not extinguish their contractual obligations. Therefore, it is crucial to regularize the situation as soon as possible through a separation agreement or a court application.

Is the assignment of the rented family home permanent?

No, the right to live in the family home is not permanent. It ceases if the assignee does not live there permanently, if they start a new stable cohabitation or remarry, or when the children become adults and financially independent or cease to live with the assigned parent. In such cases, a revocation of the assignment order can be requested.

Case Assessment in Milan

Managing the assignment of a rented family home requires expertise and attention to detail to avoid economic and personal repercussions. If you are going through a separation or divorce in Milan and wish to fully understand your rights and obligations, you can contact the Bianucci Law Firm. Contact lawyer Marco Bianucci for a clear and professional assessment of your situation. The firm is located at Via Alberto da Giussano, 26, and offers legal support aimed at finding the best solution for you and your family.