Protection of Real Estate Assets After Separation

The assignment of the family home is one of the most delicate and complex chapters in separation and divorce proceedings. Often, the spouse who owns the property, while having to tolerate the use of the asset by the other parent for the protection of the children, finds themselves facing a situation of progressive degradation of the property. The failure to maintain the marital home by the assigned spouse is not just a matter of neglect, but a behavior that can generate significant economic damage, affecting the market value of a fundamental asset. As an expert lawyer in family law in Milan, Avv. Marco Bianucci deeply understands the frustration of those who see their property lose value due to the negligence of others and offers targeted legal protection to obtain fair compensation and the restoration of the property to optimal conditions.

When the judge's order assigns the home to one of the parents, a precise duty of care arises for the latter. This is not a right of unlimited and irresponsible enjoyment, but a qualified possession that imposes specific conservation obligations. However, the reality often diverges from theory: unaddressed leaks, neglected systems, abandoned gardens, or, in more serious cases, intentional damage as retaliation. Addressing these issues requires not only expertise in civil and procedural law but also a strategy aimed at crystallizing proof of damage before it is too late.

The Regulatory Framework: Duties of the Assigned Spouse and Civil Liability

To understand how to act legally, it is essential to analyze the relevant legal framework in Italy. The assignment of the family home does not transfer ownership but constitutes an atypical personal right of enjoyment, aimed exclusively at the protection of the offspring. Consolidated case law, supported by the provisions of the Civil Code, establishes that the assigned spouse is required to use the asset with the diligence of a good family man. This principle implies that whoever lives in the home must take care of ordinary maintenance and minor repairs necessary to keep the property in the state in which it was received, barring normal wear and tear due to use.

Failure to maintain, when it exceeds the threshold of normal wear and tear and turns into neglect or damage, constitutes civil liability. Although the code does not explicitly regulate every single aspect of the relationship between the owner and the assigned spouse in the context of separation, the rules relating to loan for use or lease, as well as the general principles of damages compensation for unlawful acts or breach of contract (art. 2043 et seq. of the Civil Code), apply by analogy. The owner therefore has the right to demand that the property is not deteriorated beyond normal consumption and, if this occurs, has the right to be compensated for the economic prejudice suffered, which may include both the cost necessary for repairs (emergent damages) and the potential loss of value of the property or the inability to rent or sell it at the correct price (lost profits).

The Distinction Between Ordinary and Extraordinary Maintenance

A crucial point in legal disputes concerns the distinction between ordinary and extraordinary expenses. Generally, ordinary maintenance expenses (boiler cleaning, periodic painting, repair of faucets, garden care) are the responsibility of the assigned spouse, as the direct user of the asset. Extraordinary maintenance expenses (roof repair, complete system replacement, structural works), which increase the value of the asset or prevent its structural ruin, generally remain the responsibility of the owner. However, if the need for extraordinary intervention arises from the assigned spouse's failure to perform ordinary maintenance (e.g., a serious leak caused by uncleaned gutters for years), the responsibility and related costs may be charged to the latter. Avv. Marco Bianucci, thanks to his experience as an expert lawyer in family property litigation, knows how to technically analyze these situations to correctly assign responsibilities.

The Approach of Studio Legale Bianucci in Milan

Studio Legale Bianucci addresses cases of compensation for failure to maintain the marital home with a pragmatic and rigorous approach, aware that time is a critical factor. Allowing a situation of degradation to persist means exponentially increasing restoration costs. Avv. Marco Bianucci's strategy is based on an accurate preliminary assessment, often assisted by trusted technical experts, to objectively quantify the damage and establish the causal link with the ex-spouse's conduct.

The first step almost always consists of a formal notice, drafted with legal precision, to order the execution of necessary works or the cessation of harmful conduct. If this amicable approach is unsuccessful, the firm evaluates the appropriateness of proceeding with rapid and effective procedural tools, such as the Preventive Technical Assessment (ATP). This tool is fundamental: it allows for the