Can the matrimonial property regime be changed after marriage?

Many couples, after years of marriage, wonder about the possibility of changing the property regime initially chosen or applied by law. The question 'is it possible to switch from community property to separation of property?' is frequent, and the answer is yes. This is an important decision with profound legal and financial implications, requiring careful evaluation and expert guidance. As an expert lawyer in family law in Milan, Avv. Marco Bianucci supports spouses on this path, ensuring that every choice is informed and protects the interests of both parties.

Switching from Community Property to Separation of Property: Regulatory Framework

In Italy, in the absence of a different choice expressed by the spouses at the time of marriage, the automatically applied property regime is legal community property. This means that all acquisitions made by the spouses, together or separately during the marriage, become common property. However, the law allows this choice to be changed at any time through a specific act called a 'marriage agreement'.

The procedure to switch to separation of property requires a public deed drawn up by a notary, in the presence of two witnesses. During this deed, the spouses declare their intention to abandon the community property regime to adopt separation of property. For the change to be enforceable against third parties (e.g., creditors), it is essential that the notary annotates the agreement on the margin of the marriage certificate filed with the civil status office of the Municipality where the marriage was celebrated.

The Bianucci Law Firm's Approach to Changing the Property Regime

Understanding the consequences of a change in property regime is a crucial step that goes beyond simply signing a notary deed. The approach of Avv. Marco Bianucci, a divorce lawyer in Milan, focuses on strategic advice preceding the notary's intervention. The aim is to provide spouses with a clear and complete overview of the future implications of their choice, analyzing their specific financial situation, any business activities of one spouse, and future scenarios, such as potential separation or estate management.

The consultancy provided by the Bianucci Law Firm aims to transform a formal act into a fully informed decision. We evaluate with you the benefits of separation of property, such as protecting family assets from business risks or personal debts of a spouse, and explain how assets acquired up to that point will be managed. Our goal is to ensure that the new marriage agreement is an effective and personalized protection tool that meets the real needs of your family.

Frequently Asked Questions

How much does it cost to change the property regime from community property to separation of property?

The costs for changing the property regime mainly include the notary's fee for drafting the public deed, registration tax, and stamp duties. The cost for preliminary legal advice may also be added. The total amount can vary depending on the complexity of the financial situation and the professional fees applied, but an initial legal consultation allows for an understanding of the necessary investment and long-term benefits.

Does separation of property have retroactive effect?

No, the modification of the property regime does not have retroactive effect. Separation of property begins to produce its effects from the moment the notary deed is signed. All assets acquired during the period of community property remain jointly owned by both spouses and must be managed or possibly divided according to those rules.

What are the main advantages of separation of property?

The separation of property regime offers several advantages. Firstly, it ensures greater financial autonomy for each spouse, who remains the sole owner of the assets they acquire. Secondly, it offers fundamental protection against debts incurred by the other spouse for purposes unrelated to the family's needs: creditors of one spouse cannot seize the assets exclusively owned by the other.

Is a lawyer necessary to change the property regime?

Although the law strictly requires the notary's intervention for the public deed, the advice of an experienced family law attorney is strongly recommended. The lawyer can analyze your specific situation, explain all the legal consequences of the choice, including in cases of marital breakdown or succession, and assist you in the dialogue with the notary to ensure that the deed perfectly reflects your intentions and protects your interests.

Contact the Firm for Strategic Advice

The decision to change the family's property regime is one that deserves thorough analysis and qualified legal support. If you are considering switching from community property to separation of property, it is crucial to act with full awareness of the consequences. Contact the Bianucci Law Firm to schedule a meeting with Avv. Marco Bianucci. A thorough analysis of your case is the first step to making the right decision for your future.