Protection of the Home for the Surviving Partner

Facing the loss of one's partner is a time of profound grief, which can turn into a true trauma if, to this tragedy, is added the exclusion from the home where daily life was shared. Often, the deceased partner's heirs mistakenly believe they can immediately remove the surviving cohabitant from the home, by changing the locks or demanding immediate eviction. As an expert family law attorney in Milan, Avv. Marco Bianucci understands the delicacy and urgency of these situations, offering targeted legal support to protect the right to housing of those who remain and to re-establish a violated legal balance.

The Regulatory Framework: The Cohabitant's Rights to the Shared Home

Until a few years ago, Italian law offered little protection to unmarried couples in the event of bereavement. Today, thanks to the introduction of the so-called Cirinnà Law, the legal landscape has profoundly changed, recognizing specific and mandatory rights also for de facto cohabitants. When the family home is the sole property of the deceased partner, the legal heirs certainly succeed to the ownership of the property, but this does not mean they can act arbitrarily. The law unequivocally establishes that the surviving cohabitant has the right to continue living in the home of common residence for a determined period.

This temporary right of habitation is calculated based on the duration of the cohabitation, guaranteeing a minimum period of two years up to a maximum of five years. If minor children or children with disabilities of the surviving cohabitant live in the home, the minimum period of stay guaranteed by law is extended to three years, to protect the most vulnerable individuals. It is essential to understand that this right arises automatically at the time of death, regardless of the presence of a will, precisely to prevent a person from suddenly and unjustly finding themselves without a home.

The Bianucci Law Firm's Approach

Dealing with heirs during a time of mourning requires not only legal expertise but also profound human sensitivity and a well-defined strategy. The approach of Avv. Marco Bianucci, an expert family law attorney in Milan, focuses on quickly securing the client's housing situation. The first step involves a detailed analysis of the situation, verifying the requirements of de facto cohabitation and gathering the necessary documentation to demonstrate the stability of the bond.

Subsequently, the firm formally warns the heirs against any attempt at dispossession or forced removal, prioritizing, where possible, an out-of-court resolution that avoids further emotional trauma and prolonged conflicts. However, should the heirs prove hostile or have already taken illegitimate actions, such as cutting off utilities or changing the locks, the Bianucci Law Firm intervenes promptly by filing urgent possessory actions in court. These legal actions are aimed at immediately reintegrating the cohabitant into the enjoyment of the home. Every strategy is rigorously personalized, taking into account the specific family and financial dynamics involved to ensure the maximum effectiveness of the intervention.

Frequently Asked Questions

What documents are needed to prove de facto cohabitation?

The primary and most immediate proof is usually the historical residence certificate attesting to cohabitation in the same dwelling. However, in the absence of a joint registration with the registry office, case law allows cohabitation to be proven by other means of evidence. Useful elements include joint utility bills, joint bank accounts, third-party testimonies, or correspondence that unequivocally confirms the existence of a stable, lasting relationship based on mutual moral and material assistance.

Can the heirs ask me to pay rent for the months I remain in the house?

Absolutely not. For the period guaranteed by law, which varies from two to five years depending on the duration of the cohabitation, the surviving cohabitant has the right to inhabit the property completely free of charge. The heirs cannot in any way demand the signing of a lease agreement or request payment of an occupancy fee. The only expenses that will remain the responsibility of the cohabitant will be those related to domestic utilities and ordinary administration and maintenance of the home.

What happens if my partner left the house to someone else in their will?

The temporary right of habitation provided for the protection of the cohabitant by the Cirinnà Law prevails over testamentary provisions. Even if the deceased partner has named a different universal heir or has left the property to a third party, that third party will be obliged to respect the surviving cohabitant's right to remain in the home for the period established by current legislation, before being able to freely dispose of it or request its release.

How much does it cost to start a case to protect my rights to the house?

The costs of legal proceedings depend on numerous factors specific to each individual case. Variables such as the degree of hostility from the opposing party, the need for urgent judicial measures, or the possibility of reaching an amicable agreement quickly make it impossible to provide reliable estimates in advance. During the initial consultation, Avv. Marco Bianucci will thoroughly analyze the situation and provide a clear and transparent overview of the expected financial commitment for managing the case.

Entrust the Protection of Your Rights to the Bianucci Law Firm

Being forced to leave one's home at a time of extreme emotional vulnerability is a profound injustice that must not be tolerated passively. If your partner's heirs are trying to exclude you from the shared home, ignoring current regulations, it is crucial to act promptly to protect your stability and dignity. Contact Avv. Marco Bianucci at the Milan office at Via Alberto da Giussano, 26, to schedule a consultation to evaluate your case. You will receive rigorous, professional legal assistance focused on a concrete resolution of the problem, to ensure that your rights are fully recognized and respected.