Managing Foreign Real Estate Assets in a Couple

Owning a holiday home in Spain, an apartment in London, or a villa on the French Riviera represents a significant achievement, but it introduces complex variables into the asset management of a future family. When deciding to get married, the question of how to protect these assets located abroad is legitimate and prudent. As a family lawyer practicing in Milan, I often receive requests from couples seeking clarity on the fate of their international investments in the event of future marital crises.

Cross-border asset management requires a strategic vision that goes beyond the simple Italian marital property regime. It's not about predicting the end of the marriage, but about establishing clear rules that ensure peace of mind for both parties, avoiding conflicts of jurisdiction and legal uncertainties that could emerge in the future.

The Regulatory Framework: Between Italian Prohibitions and European Openings

In Italy, legal tradition has historically looked unfavorably upon so-called prenuptial agreements in the strict sense, often considering them null and void for violating internal public order. However, the regulatory landscape has changed significantly, especially thanks to the introduction of European Regulations, particularly Regulation (EU) 2016/1103.

This regulatory instrument allows spouses, or future spouses, to make a choice of the applicable law to their matrimonial property regime. Although fundamental rights provided by Italian law cannot be derogated from, it is possible, in the presence of international elements (such as real estate abroad), to opt for the application of the law of the State where the asset is located or the law of nationality of one of the spouses. This opens the way for forms of protection very similar to Anglo-Saxon prenuptial agreements, allowing for the safeguarding of ownership of real estate located outside Italy.

Studio Legale Bianucci's Approach to International Protection

Avv. Marco Bianucci, an expert family law attorney in Milan, addresses these delicate issues with an analytical and personalized approach. There is no one-size-fits-all solution for every couple, especially when different legal systems are involved. The firm's strategy is based on an in-depth examination of the nature of the assets and the legislation of the foreign country where they are located.

The added value offered by the firm lies in its ability to draft targeted marital agreements. The goal is to leverage the opportunities offered by private international law to protect real estate assets. Avv. Marco Bianucci works to build an asset structure that is recognized as valid both in Italy and in the country where the property is located, preventing the risk that a foreign judge might rule differently in divorce proceedings.

Frequently Asked Questions

Are prenuptial agreements valid in Italy for foreign assets?

In the strict sense, prenuptial agreements that predetermine divorce conditions are null and void in Italy. However, through the choice of applicable law and specific marital agreements drafted under Regulation (EU) 2016/1103, it is possible to achieve similar results for the management and protection of assets located abroad.

What happens to my foreign home if we don't make any agreement?

In the absence of specific agreements, the spouses' legal marital property regime will apply (usually the law of their common habitual residence). This could mean that, in the event of litigation, an Italian or foreign judge might apply rules that do not adequately protect the exclusive ownership of the asset, exposing it to claims from the other party.

Is separation of assets sufficient to protect a foreign property?

Separation of assets is an excellent starting point, but it may not be sufficient in international contexts. Some foreign legal systems may not automatically recognize this regime or may provide for compensation mechanisms (such as equitable distribution) that could affect the value of the property. Specific advice is essential.

Can we choose the law of the country where the house is located?

Yes, the EU Regulation allows spouses to designate the law of the State of which one of them is a national or the law of their habitual residence. In certain specific cases and for certain effects, reference can be made to the law of the place where the property is located (lex rei sitae), but feasibility must be assessed on a case-by-case basis.

Request Strategic Consultation in Milan

Protecting foreign real estate assets requires expertise and foresight. If you are planning your marriage and own assets abroad, do not leave their management to chance or to general rules. Contact Avv. Marco Bianucci for an assessment of your case at the firm's office in Milan, located at Via Alberto da Giussano, 26. Together, we will define the most appropriate legal strategy to ensure the security of your investments and the serenity of your family life.