Navigating a Divorce with a Complex Estate

The end of a marriage is an emotionally challenging journey, made even more complex when real estate, joint mortgages, or business shares are involved. Understanding how to protect your assets becomes a top priority. If you find yourself in this situation, it's natural to feel overwhelmed by legal and financial matters that can seem insurmountable. As a divorce lawyer in Milan, lawyer Marco Bianucci assists clients in facing these challenges with clarity and strategy, ensuring that every decision is made with full awareness of their rights and potential consequences.

Division of Assets in Divorce: A Legal Framework

Italian law governs the division of assets based on the marital property regime chosen by the spouses at the time of marriage or subsequently: legal community property or separation of assets. Under the legal community property regime, all assets acquired during the marriage, except for personal items, belong to both spouses equally (50%), regardless of who actually paid for them. This includes real estate, bank accounts, and even businesses established after the marriage. With separation of assets, however, each spouse retains exclusive ownership of the assets they acquire. Managing a divorce requires a precise analysis of which assets fall under community property and which are excluded, a task that becomes particularly delicate when active mortgages or company shares need to be correctly valued.

Managing the Marital Home and Other Properties

The family home is often the most valuable asset and the center of emotional attachment. Its allocation and division are among the most critical points. If there are minor or dependent children, the judge tends to grant the right of use to the custodial parent. This does not transfer ownership but affects its sale. For other properties, the usual procedure involves selling the asset and dividing the proceeds, assigning it to one spouse with financial compensation to the other, or, if feasible, dividing the property itself. The presence of a joint mortgage adds another layer of complexity, as both spouses remain liable to the bank until the debt is paid off, regardless of who lives in the property.

The Bianucci Law Firm's Approach to Asset Protection

The approach of lawyer Marco Bianucci, an expert in family law in Milan, is based on a meticulous and strategic analysis of marital assets. The firm, with a deep understanding of asset dynamics, including in the areas of Rozzano and Assago, does not merely apply the law but builds a tailored strategy to protect the client's interests. The first step is a comprehensive mapping of all assets: real estate, cash, investments, insurance policies, and company shares. Subsequently, an objective valuation of the assets is carried out, engaging experts and technical consultants if necessary. The goal is always to promote a consensual solution, enabling a fair and sustainable agreement without the time and costs of litigation. If this is not possible, the firm provides determined legal assistance in contentious proceedings to protect the client's property rights.

Frequently Asked Questions

How is the marital home divided if there is an ongoing mortgage?

If the home is under community property, ownership is divided 50%. The joint mortgage, however, remains a joint obligation to the bank. The most common solutions are selling the property, paying off the mortgage, and dividing any remaining proceeds, or one spouse taking over the mortgage payments and compensating the other for their share of the ownership. Assigning the home to the parent with children does not cancel the mortgage payment obligation for the other spouse.

What happens to shares in a family business in case of divorce?

The management of company shares depends on the marital property regime and the nature of the business. If the company was established by both spouses under community property, the shares are divided. If it was established by only one spouse, the other spouse is entitled to half of the profits and increases. Valuing the shares is a complex operation that often requires a technical appraisal to ensure a fair division.

Can I sell a property under community property before the divorce?

No, a property under legal community property cannot be sold without the consent of both spouses. Any act of extraordinary administration, such as a sale, requires joint signatures. Attempting to sell the property without the partner's consent would make the act voidable at the partner's request.

How is a property purchased before marriage managed?

A property purchased by a spouse before marriage is considered personal property and, as a rule, does not fall under community property. Therefore, it remains the exclusive property of the spouse who acquired it. However, if investments or improvements have been made to such a property using community funds during the marriage, the non-owner spouse may be entitled to reimbursement.

Contact the Firm for Strategic Consultation

The division of assets in a divorce is a matter that requires technical expertise and strategic vision. Entrusting yourself to an experienced professional is the first step in protecting your financial future. If you are facing separation or divorce in Milan, Rozzano, Assago, or surrounding areas, and your situation involves real estate, mortgages, or businesses, lawyer Marco Bianucci can provide the necessary assistance. Contact the Bianucci Law Firm for a clear and thorough evaluation of your case and to define the most effective strategy to protect your interests.