Real estate management in divorce

Going through a divorce is an emotionally complex journey, which becomes even more delicate when real estate and joint mortgages are involved. Understanding how to protect your assets and properly manage the marital home is a fundamental step towards facing the future with greater serenity. In this context, the assistance of a qualified professional is crucial for navigating legal complexities and finding balanced solutions. As a divorce lawyer in Milan, lawyer Marco Bianucci has gained extensive experience in assisting spouses in managing these specific issues, ensuring complete protection of his clients' interests.

Legal framework: division of assets and home assignment

Italian law provides for various scenarios for managing real estate assets in the event of divorce, which primarily depend on the matrimonial property regime chosen by the spouses (community or separation of property) and the presence of children. Under the community property regime, the house purchased during the marriage is owned by both parties 50%, regardless of who financially supported the purchase. In the case of separation of property, the property belongs to the spouse who purchased it. However, a crucial aspect is the assignment of the marital home. The judge, in the presence of minor or adult children who are not economically self-sufficient, tends to assign the right of residence to the custodial parent, i.e., the one with whom the children will live permanently, even if they are not the owner of the property. This decision aims to protect the children's living environment but does not transfer ownership of the property.

The fate of the joint mortgage

Another central issue is mortgage management. The obligation to pay the bank remains joint and several among the co-owners, regardless of who lives in the house or any private agreements between the spouses. There are several solutions for managing this situation: selling the property and settling the debt, the mortgage being taken over by one of the spouses (who becomes the sole owner and debtor, with the bank's consent), or continuing joint payments until full repayment. Each option has tax and asset implications that must be carefully evaluated.

The approach of Studio Legale Bianucci

The approach of lawyer Marco Bianucci, an expert in family law in Milan, is based on a strategic and personalized analysis of the asset and family situation. The firm does not limit itself to managing purely legal aspects but is committed to finding the most pragmatic and sustainable solution for the client. The goal is to define an agreement that not only complies with the law but is also practically feasible and prevents future disputes. This includes evaluating all possible options, from negotiating a consensual agreement regulating the sale or takeover of the mortgage, to assistance in judicial proceedings to obtain the assignment of the home and the correct apportionment of financial burdens. The in-depth knowledge of the Milan real estate market also allows for comprehensive advice, taking into account the real value of properties and local dynamics.

Frequently Asked Questions

What happens to a joint mortgage in case of divorce?

In case of divorce, the obligation to the bank remains joint and several for both spouses who are co-owners of the mortgage. This means that the credit institution can demand the payment of the entire installment from each of them. Private agreements between spouses are not enforceable against the bank, unless a formal takeover of the mortgage by one of the spouses is carried out, with the bank's consent.

Who pays the mortgage installments after separation?

Even after separation or divorce, both co-owners of the mortgage are required to pay the installments. However, the judge may take into account the payment of the installment by one spouse when calculating the maintenance allowance. The most stable solution is to clearly define in the divorce agreement who will be responsible for the payment or to proceed with the sale of the property or the takeover of the debt.

How can the marital home be sold if one spouse does not agree?

If the house is jointly owned and an agreement for sale cannot be reached, the spouse wishing to sell can turn to the court to initiate judicial division proceedings. The judge, after attempting conciliation, may order the property to be sold at auction and the proceeds to be divided among the co-owners, based on their respective shares.

Who is assigned the marital home?

The right to live in the marital home is normally assigned by the judge to the parent with whom the children, whether minors or adult and not self-sufficient, are primarily placed. The aim is to protect the children's stability, ensuring they remain in their usual domestic environment. This right is independent of property ownership and ceases when the children become economically independent or if the assigned parent moves elsewhere.

Request a consultation for your case

Managing a divorce involving real estate and mortgages requires expertise, strategy, and a clear vision of objectives. If you are facing this situation in Milan, Studio Legale Bianucci offers legal support aimed at protecting your rights and assets. Contact lawyer Marco Bianucci for an in-depth assessment of your case and to define the most appropriate legal path for your needs. The firm is located at Via Alberto da Giussano, 26 in Milan.