The Complexity of Real Estate Division

The end of a marriage involves complex decisions, and the division of real estate is often one of the most delicate and contentious. Establishing the correct value of the marital home or other jointly owned properties is a fundamental step to ensure a fair separation and protect one's economic rights. Understanding how an appraisal works and how to use it strategically can make the difference between an advantageous division and a significant financial loss. As a divorce lawyer in Milan, lawyer Marco Bianucci deals with these situations daily, guiding his clients through a clear legal path aimed at protecting their interests.

The Role of the Appraisal in Asset Division

A real estate appraisal is a technical report drawn up by a qualified professional (such as a surveyor, architect, or engineer) that determines the market value of a property. In the context of a separation or divorce, this document is of crucial importance. If spouses cannot agree on the value, the judge will appoint a Court Technical Consultant (CTU) to carry out an impartial valuation. However, each party has the right to appoint their own Party Technical Consultant (CTP), a trusted expert who assists the CTU, oversees the correctness of the appraisal operations, and, if necessary, draws up a counter-appraisal to contest incorrect or disadvantageous valuations.

The Approach of the Bianucci Law Firm

The approach of lawyer Marco Bianucci, an expert in family law in Milan, focuses on a proactive strategy for managing real estate assets. Instead of passively accepting valuations, the firm works to obtain the most accurate and advantageous appraisal for the client. This process includes selecting party technical consultants with consolidated experience in the sector and a meticulous analysis of all factors influencing the property's value, such as its condition, location, local market, and any right of habitation. The goal is always to reach a fair agreement through negotiation, but without hesitation in firmly defending the client's position in court if the opposing party or the CTU propose incongruous valuations.

Frequently Asked Questions

What happens if there is no agreement on the value of the house?

If the spouses cannot reach an agreement on the property's value, the Court will proceed with a judicial division. In this context, the judge will appoint a Court Technical Consultant (CTU) to prepare an impartial appraisal. The parties may still appoint their own consultants (CTP) to attend the proceedings and present critical observations, thus ensuring complete protection of their interests.

Who pays for the real estate appraisal costs in a divorce?

The costs for the CTU's consultancy appointed by the judge are generally divided 50% between the two spouses, unless otherwise specified by the judge based on the circumstances of the case. The costs for one's own Party Technical Consultant (CTP), however, are entirely borne by the party appointing them. This is a strategic investment for the protection of one's assets.

Is it possible to force an ex-spouse to sell the house?

No spouse can directly force the other to sell. However, if the property cannot be divided in kind and no agreement is reached (e.g., buying out the other's share), the judge may order the property to be sold at auction. The proceeds from the sale will then be divided between the spouses according to their respective ownership shares.

How does the assignment of the marital home affect its valuation?

The assignment of the right of habitation in the marital home to the custodial parent of minor (or non-self-sufficient adult) children represents a encumbrance that reduces its market value. The appraisal must take this factor into account, as a potential buyer would pay less for an occupied property. The quantification of this depreciation is a very delicate technical aspect that requires in-depth analysis.

Request an Assessment of Your Case

The division of real estate is a crucial moment that requires legal expertise and strategy. Entrusting yourself to an experienced professional is the first step to ensuring that your property rights are fully protected. To discuss your situation and understand how to obtain a correct and advantageous valuation, contact lawyer Marco Bianucci for an assessment of your case. The Bianucci Law Firm is located in Milan at via Alberto da Giussano, 26.