The Division of Assets: A Delicate Step

Facing a separation or divorce involves managing not only emotional aspects but also extremely practical ones, such as the division of assets accumulated during married life. The apportionment of furniture, furnishings, and appliances can become a point of strong tension, turning everyday objects into sources of conflict. Understanding how to proceed correctly is fundamental to protecting one's rights and achieving a fair balance. As a divorce lawyer in Milan, lawyer Marco Bianucci has consolidated experience in guiding spouses through this process, ensuring that the inventory and subsequent division occur according to the criteria established by law and with the utmost attention to the client's position.

Community Property or Separation of Property: What the Law Provides

The first step to understanding how to divide household assets is to identify the property regime chosen by the spouses. In Italy, in the absence of a different agreement, the regime of legal community property automatically applies. This means that all acquisitions made together or separately after marriage, including furniture and appliances, are considered jointly owned at 50%, regardless of who bore the expense. Exceptions include so-called 'personal assets,' such as those received by donation or inheritance, or those for strictly personal use. In the regime of separation of property, however, each spouse remains the exclusive owner of what they acquire, making the division simpler, provided that ownership of each asset can be proven.

How to Prove Ownership of an Asset

Proof of purchase is crucial, especially in a separation of property regime or to claim the personal nature of an asset in legal community property. The most effective documentation includes invoices, receipts, credit card payment records, or bank transfers in the name of only one of the spouses. In the absence of documentary evidence, the situation becomes more complicated. Although testimonies or other indirect evidence may be admitted in some cases, their effectiveness depends on the judge's evaluation. Therefore, meticulous management of documentation from the beginning of the proceedings is an essential strategic step to safeguard one's interests.

The Strategic Approach to Asset Division

The approach of lawyer Marco Bianucci, an expert in family law in Milan, focuses on creating a clear and personalized strategy from the initial stages. The first step involves drawing up a detailed and shared inventory of all movable assets present in the marital home. This document, ideally accompanied by photographs and purchase documentation, serves to create an objective basis for discussion. The primary goal is always to promote a consensual agreement, which allows spouses to decide on the apportionment independently, saving time, costs, and emotional stress. If an agreement cannot be reached, lawyer Bianucci assists the client in the judicial phase, presenting the necessary evidence to the judge to obtain a fair and lawful division.

Frequently Asked Questions

What happens if we cannot reach an agreement on the division of furniture?

If spouses cannot reach an agreement, the matter is left to the judge's decision. The judge, after attempting conciliation, can proceed with the division of assets. Typically, efforts are made to form portions of equal value. If this is not possible because some assets are not easily divisible (e.g., a work of art), the judge may order their sale and the division of the proceeds, or assign the asset to one spouse with the obligation to pay monetary compensation to the other. This path is generally longer and more expensive than a consensual agreement.

How is the value of used furniture and appliances assessed?

The valuation of used assets is based on their current market value, not the original purchase price. Wear and tear, age, and condition are considered. For common household items, reference can be made to estimates based on second-hand markets or online platforms. For items of significant value (antiques, designer items, art), it is advisable to obtain an appraisal from an expert in the field, whose valuation can be used both in private negotiations and in any judicial proceedings.

How are wedding gifts divided?

Wedding gifts, according to established jurisprudence, are considered the property of both spouses and therefore fall under the legal community property, unless it can be proven that the gift was unequivocally intended for only one of them (e.g., a piece of jewelry for the bride). In the case of community property, they will therefore be divided equally, or their value must be considered in the overall division.

Can I take my personal belongings before the inventory?

You have the right to take items for strictly personal use (clothing, professional tools, items related to your hobbies). However, it is essential to act with transparency and fairness. Removing valuable or jointly owned assets without the consent of the other spouse could be interpreted negatively in court and complicate the division process. It is always preferable to agree on any moves or, at least, to formally communicate them through your lawyer.

Request a Consultation for Asset Division in Milan

The division of household assets is a process that requires clarity, legal expertise, and negotiation skills. Entrusting yourself to an experienced professional can make the difference between a quick and fair resolution and a lengthy legal dispute. If you are facing a separation and require qualified assistance for inventory management and asset division, you can contact the Bianucci Law Firm. As a divorce lawyer in Milan, lawyer Marco Bianucci offers personalized consultations at the office located at Via Alberto da Giussano, 26, to analyze your specific case and define the most effective strategy to protect your rights.