The End of a Civil Union and the Stalemate over Jointly Owned Property

Facing the end of a civil union is a moment of profound emotional delicacy, which becomes even more complicated when disagreements arise over the management of common assets. One of the most frustrating situations occurs when the ex-partner categorically refuses to proceed with the division or sale of the jointly owned house, creating a stalemate that prevents both parties from moving on. As a family lawyer in Milan, Avv. Marco Bianucci fully understands the practical and psychological implications of this deadlock, assisting his clients in identifying the most effective legal solution and protecting their personal assets.

The Legal Framework: Joint Ownership and the Right to Division

Law Cirinnà (Law 76/2016), which established and regulated civil unions in Italy, extends most of the patrimonial rights and duties applicable to marriage to these social formations. When a couple acquires a property in joint ownership, each partner becomes the owner of an ideal share of the asset. If the union comes to an end and a amicable agreement cannot be reached for the management of the property, for example, through the purchase of the other's share or sale to a third party, Italian law provides a specific and inalienable protective measure.

Civil law establishes the fundamental principle that no one can be forced to remain in co-ownership against their will. Pursuant to Article 1111 of the Civil Code, each co-owner has the potestative right to request the dissolution of the co-ownership at any time. This means that, even in the face of total obstructionism from the ex-partner, there is a legal path to obtain the liquidation of one's share through so-called judicial division, thereby overcoming the unjustified refusal.

The Bianucci Law Firm's Approach to Asset Division

Managing disputed real estate assets requires great clarity and a targeted strategy. The approach of Avv. Marco Bianucci, an expert family lawyer in Milan, is based first and foremost on attempting to reach an out-of-court resolution. Often, initial obstructionism is driven by personal grievances or a lack of understanding of the legal and economic consequences of litigation. Through firm and rational negotiation, the aim is to make the other party understand the advantages of a consensual sale on the open market, which almost always guarantees a higher economic return compared to a complex auction sale.

However, when dialogue proves impossible and refusal persists, the Bianucci Law Firm intervenes by promptly initiating the judicial division procedure before the competent Court. In this procedural phase, the primary objective becomes protecting the client's right to definitively disentangle themselves from joint ownership, handling every technical aspect. Avv. Marco Bianucci meticulously analyzes the property documentation, assesses potential critical issues, and builds a solid procedural path, keeping the client constantly updated on developments, assignment options, and the timelines of the proceedings.

Frequently Asked Questions

What happens if the ex-partner refuses to go to the notary to sell the house?

If there is an absolute refusal to proceed with the consensual sale and to sign the notarial deed, the only alternative to unblock the situation is to turn to the Court by initiating a judicial division lawsuit. The judge, after attempting conciliation, will appoint an expert to value the property and, in the absence of agreements for the assignment to one of the two partners, will order the sale of the asset at auction, subsequently distributing the proceeds based on the respective ownership shares.

Who pays the expenses for the jointly owned house while waiting for the division?

Until the definitive dissolution of the co-ownership, both co-owners are required to contribute to the necessary expenses for the preservation and enjoyment of the property, such as extraordinary condominium fees, mortgage payments, or taxes, in proportion to their shares. If one of the partners advances the entire sum to avoid foreclosure or damage to the property, they will have the full right to request reimbursement of the share due to the other co-owner during the division proceedings.

Can I request that the house be assigned entirely to me?

Yes, during the judicial division proceedings, each co-owner can ask the judge to be assigned the entire property. In this case, the partner who obtains the assignment will have to pay the other a cash adjustment corresponding to the value of their share, determined based on the technical appraisal ordered by the Court. This option is often preferable to an auction sale, as it avoids potential economic devaluation of the asset and definitively closes the dispute.

Request an Assessment of Your Case

Being stuck in an unwanted joint ownership after the end of a civil union can represent an insurmountable obstacle to rebuilding one's personal and financial life. If your ex-partner refuses to cooperate in dividing the house, it is crucial to promptly understand your rights and the legal actions available to you to avoid passively enduring this stalemate.

Contact Avv. Marco Bianucci to schedule an initial consultation at the Bianucci Law Firm in Milan, at Via Alberto da Giussano, 26. During the meeting, it will be possible to analyze your specific situation in detail, evaluate the documentation relating to the property, and define together the most appropriate strategy to dissolve the co-ownership. The costs and financial commitment of the process will be explained with utmost transparency only after a careful examination of the concrete case.