Protection of Rights in the Breakdown of Unmarried Couples

The end of a romantic relationship always represents a delicate moment, often made more complex by legal uncertainty when the couple is not bound by marriage. Many people wonder about the protections available for *more uxorio* cohabitants and how to manage fundamental practical issues, first and foremost the family home and the division of accumulated assets. As an expert family lawyer in Milan, Avv. Marco Bianucci understands that, although the Cirinnà law has introduced greater guarantees, the differences compared to divorce remain substantial and require careful case-by-case analysis.

The Regulatory Framework: Family Home and Common Property

In our legal system, de facto cohabitation does not automatically generate the same property rights as marriage. In the absence of a specific cohabitation contract, a separation of assets regime applies. However, case law has developed specific protections, especially when minor children are involved. The most thorny issue often concerns the family home. If the property is exclusively owned by one of the partners and there are no children, the owner has the right to repossess it, although they must grant the former cohabitant a reasonable period to find new accommodation. The situation changes radically in the presence of minor or non-self-sufficient adult children: in such cases, the judge may grant the right of habitation to the custodial parent, regardless of property ownership, to protect the interests of the offspring.

Reimbursements and Unjust Enrichment

Another crucial aspect concerns financial contributions made during cohabitation. There is no right to maintenance similar to divorce alimony, but the law provides protections against unjust enrichment. If one partner has substantially contributed to the increase of the other's assets (e.g., by paying for renovations to a house they do not own) or has sacrificed their career for the family, they may be entitled to compensation. The action for unjust enrichment is the legal instrument that allows for the rebalancing of situations of clear economic inequity arising from the termination of the relationship.

The Approach of Studio Legale Bianucci

Avv. Marco Bianucci, operating as an expert family lawyer in Milan, addresses the crises of unmarried couples with a pragmatic approach aimed at out-of-court resolution, where possible. The firm's strategy focuses on a detailed analysis of the financial contributions made by each partner during cohabitation to reconstruct a fair asset picture. The goal is to protect the client from unfounded claims or, conversely, to ensure that the contribution made to family life is adequately recognized. In situations involving minors, the absolute priority becomes protecting their housing and economic stability, guiding the parent through the complexities of the Juvenile Court or the Ordinary Court.

Frequently Asked Questions

If the house is registered to my ex-partner, do I have to leave immediately?

Not immediately. Even if the house is exclusively owned by the ex-partner, case law recognizes a qualified right of possession for the non-owner cohabitant. This means that the owner must grant a fair and reasonable period to allow you to find new accommodation, and cannot evict you overnight.

Am I entitled to alimony if my partner earns much more than me?

In de facto cohabitation, there is no maintenance allowance as in divorce, aimed at maintaining the standard of living. However, in cases of extreme need where an ex-cohabitant is in a state of necessity and unable to support themselves, they may request the payment of alimony, which is an assistance measure limited to what is strictly necessary to live, and only for a period proportional to the duration of the cohabitation.

Can I get back the money I spent on renovating my ex's house?

Yes, it is possible, but not automatic. Ordinary or modest expenses are considered contributions to family life and are not reimbursable. However, for extraordinary and significant expenses that have increased the value of another's property (such as renovations), it is possible to take action to obtain compensation through the action for unjust enrichment, demonstrating that such expenditure was not proportionate to the normal duties of family solidarity.

Who is assigned the house if we have young children?

In the presence of minor children, the protection of their domestic habitat is a priority. The judge tends to assign the family home to the parent with whom the children predominantly live (custodial parent), even if the property is exclusively owned by the other parent or jointly owned. This right of habitation remains until the children become economically self-sufficient or move elsewhere.

Request a Case Evaluation

The end of a cohabitation involves legal challenges that should not be underestimated to avoid compromising your economic and housing future. If you are facing the breakdown of a *more uxorio* cohabitation and need clarity on your rights, contact Avv. Marco Bianucci. Studio Legale Bianucci at via Alberto da Giussano 26 in Milan is at your disposal to analyze your specific situation and define the best protection strategy.