Managing Business Assets in De Facto Couples

Managing a business requires dedication, vision, and stability, elements that become even more crucial when professional life intertwines with personal life within a de facto relationship. For an entrepreneur in a de facto relationship, the absence of a marital bond does not mean an absence of financial risks; on the contrary, the lack of an automatic legal regime can generate significant uncertainties regarding the fate of business and real estate assets in the event of the relationship's breakdown. We deeply understand the need to protect what has been painstakingly built, while ensuring peace for the couple.

As an expert lawyer in family law in Milan, Avv. Marco Bianucci daily observes how legal prevention is the most effective tool to avoid future disputes. Defining in advance, through clear and valid agreements, the management of productive and real estate assets is not an act of distrust, but a gesture of responsibility towards one's business and one's partner. The goal is to create a legal structure that allows the entrepreneurial activity to thrive independently of romantic developments.

The Regulatory Framework: Cohabitation Agreements and the Cirinnà Law

In Italy, Law 76/2016 (known as the Cirinnà Law) introduced comprehensive regulations for de facto cohabitations, offering negotiation tools a previously absent legal force. The legislator has provided for the possibility for cohabiting partners to enter into so-called cohabitation agreements, public deeds that allow for the regulation of financial relationships related to shared life. This tool is fundamental for entrepreneurs, as it allows them to choose a separation of assets regime similar to the marital one, or to adopt tailor-made solutions for managing joint purchases.

Without a cohabitation agreement, assets acquired during the relationship remain the exclusive property of the buyer. However, de facto management, joint investments, or work performed in the partner's business can give rise to complex claims for compensation or unjust enrichment at the end of the relationship. A well-structured agreement serves precisely to crystallize the parties' intentions: it clarifies who owns what, how common expenses are contributed to, and, above all, what will be the fate of the business or company shares in the event of cohabitation cessation.

The Approach of Studio Legale Bianucci in Protecting Entrepreneurs

The approach of Avv. Marco Bianucci, an expert lawyer in family law in Milan, is distinguished by a strategic vision that combines civil law expertise with sensitivity to business dynamics. We do not merely draft standard contracts; each cohabitation agreement is developed based on an in-depth analysis of the client's financial and corporate structure. We assess the nature of the business, the presence of real estate instrumental to the activity, and any future investments planned by the couple.

Studio Legale Bianucci works to create unassailable regulatory pacts that faithfully reflect the parties' intentions. We focus on dispute prevention, including specific clauses that regulate, for example, the destiny of the family home if owned by the entrepreneur, or the settlement of any work performed by the cohabiting partner in the business. Our office at Via Alberto da Giussano, 26, becomes the place where your emotional stability and the security of your business find a solid legal synthesis.

Frequently Asked Questions

What happens to the business in case of separation of a de facto couple without a written agreement?

In the absence of a cohabitation agreement, the business generally remains the property of the formal owner. However, if the partner has contributed financially or through labor to the business without being regularly compensated, they may initiate legal action for unjust enrichment or for the recognition of a de facto partnership, jeopardizing the business's liquidity and stability.

Is it possible to include clauses on the transfer of company shares in a cohabitation agreement?

The primary subject of a cohabitation agreement is the financial relationship related to shared life. While it cannot replace corporate deeds, it is possible to provide for specific obligations or refer to shareholders' agreements that regulate the circulation of shares or pre-emption rights between cohabiting partners, harmonizing the family sphere with the corporate one.

How long does a cohabitation agreement last?

A cohabitation agreement does not have a predetermined expiration date. It remains valid as long as the cohabitation persists or until the parties decide to terminate it by mutual consent or unilaterally. In the event of the cessation of de facto cohabitation, the agreement ceases to produce future effects, but the clauses concerning the division of assets or the settlement of outstanding matters retain their effectiveness.

Does a cohabitation agreement also provide protection in case of the death of the entrepreneur partner?

A cohabitation agreement regulates relationships between living individuals. For succession protection, which is very weak by law in de facto couples, it is necessary to supplement the cohabitation agreement with a will drafted with professional support, to ensure that the surviving partner can inherit assets or business shares in compliance with mandatory inheritance shares.

Request a Consultation at Studio Legale Bianucci

Protecting the fruits of your labor and ensuring clarity in emotional relationships is an investment in the future. If you are an entrepreneur living in a de facto relationship, do not let regulatory uncertainty jeopardize your assets. Contact Avv. Marco Bianucci for a preliminary assessment of your situation. Together, we will analyze your specific needs to draft a solid and tailor-made cohabitation agreement. We receive by appointment at our office in Milan, at Via Alberto da Giussano, 26.