Protecting Family Assets During Separation

Facing marital crisis often involves concerns that are not only emotional but also financial. One of the most concrete fears concerns the risk that a spouse, in anticipation of separation or divorce, may attempt to conceal, dissipate, or transfer their assets to third parties to evade family solidarity duties. As an expert lawyer in family law in Milan, Avv. Marco Bianucci deeply understands the anxiety that arises from seeing one's own economic stability, and especially that of one's children, threatened. When there is a well-founded fear that financial guarantees are diminishing, it is necessary to act promptly through specific legal tools such as conservatory seizure.

Conservatory Seizure: A Tool for Urgent Protection

Conservatory seizure, governed by Article 671 of the Code of Civil Procedure, represents a fundamental precautionary measure in our legal system. Its function is to freeze the asset situation of the debtor (in this case, the spouse obligated to provide maintenance) to prevent assets necessary to guarantee the fulfillment of economic obligations from being dissipated while the separation or divorce proceedings are pending. To obtain such a measure from the Court of Milan, it is necessary to demonstrate two essential requirements to the judge: the fumus boni iuris, meaning the probable existence of the credit right (the right to maintenance), and the periculum in mora, meaning the concrete and current danger that, by waiting for ordinary justice, the debtor's assets will diminish to such an extent as to make recovery of the sums owed impossible.

The Approach of the Bianucci Law Firm in Milan

The approach of Avv. Marco Bianucci, an expert lawyer in family law in Milan, is distinguished by its strategic analytical capability and speed of intervention. In delicate situations such as those requiring conservatory seizure, time is a crucial factor. The Bianucci Law Firm immediately assesses the counterparty's asset situation and gathers the necessary evidence to demonstrate the spouse's detrimental conduct, such as suspicious real estate sale attempts or sudden emptying of bank accounts. The objective is to present a solid and well-argued petition to obtain an urgent order that freezes assets (real estate, bank accounts, company shares) as a guarantee not only for arrears but also for future maintenance, thereby protecting the standard of living of the children and the weaker spouse.

Frequently Asked Questions

When can the seizure of a spouse's assets be requested?

Seizure can be requested when there is a well-founded fear of losing the guarantee of one's credit. This occurs, for example, if the spouse is rapidly selling their real estate, transferring money abroad, or engaging in sham transactions to appear penniless before the separation judge.

Does the seizure also cover future installments of the maintenance allowance?

Yes, recent case law tends to allow conservatory seizure also to protect future credits, such as monthly maintenance allowance installments, if there is a concrete risk that the obligated party will divest their assets, making future fulfillment impossible.

What assets can be seized?

The order can affect movable property, real estate (houses, land), credits towards third parties (such as salary or rental income), and sums deposited in bank or postal current accounts, up to the amount determined by the judge.

What happens after the seizure is granted?

Once conservatory seizure is granted, a restriction on the disposal of the assets is created. If the spouse were to sell a seized asset anyway, such a sale would be ineffective towards the seizing creditor. Subsequently, upon obtaining a definitive title (the judgment), the seizure is converted into an attachment.

Request an Assessment of Your Financial Situation

If you fear that your spouse is jeopardizing your family's economic security, do not wait for the situation to become irreversible. Avv. Marco Bianucci is at your disposal to analyze your case and evaluate the prerequisites for immediate precautionary action. We receive clients at our Milan office at Via Alberto da Giussano, 26, to define the most effective strategy to protect your rights.