Managing Assets in the Name of Minors During Marital Crisis

Facing a separation inevitably involves reorganizing the family's financial aspects, and one of the most significant concerns for parents revolves around the fate of their children's savings and assets. Minors often hold savings accounts, current accounts, or real estate, which are the result of gifts from grandparents or provisions made by the parents themselves to ensure their children a secure future. As an expert lawyer in family law in Milan, Avv. Marco Bianucci deeply understands the anxiety stemming from the fear that these resources might be squandered or misused by the other spouse during the conflict-ridden stages of the separation. It is crucial to understand that a minor's assets are independent and distinct from those of their parents, and the law provides specific protective mechanisms that must be activated promptly and competently.

The Legal Framework: Parental Responsibility and Asset Management

The Italian Civil Code stipulates that parents, in exercising parental responsibility, have the power and duty to manage the assets of their minor children. However, this management is neither free nor arbitrary; it must always be oriented towards the exclusive interest of the minor. The law makes a fundamental distinction between acts of ordinary administration and acts of extraordinary administration. Acts of ordinary administration, which concern the preservation of assets and the collection of income, can be carried out individually by each parent, unless there is a disagreement. Conversely, acts of extraordinary administration, i.e., those that can significantly impact the value of the assets (such as selling real estate, collecting capital sums, or withdrawing large amounts from a fixed-term savings account), require not only the consent of both parents but, above all, the prior authorization of the Guardianship Judge. This judicial oversight serves precisely to ensure that the transaction is necessary or clearly beneficial for the child, preventing parents from using these funds for personal needs or those related to the separation itself.

The Bianucci Law Firm's Approach to Protecting Minors' Assets

Avv. Marco Bianucci, with his extensive experience as an expert lawyer in family law in Milan, adopts a preventive and rigorous strategy to protect the financial interests of the youngest. The firm's approach is not limited to managing the current crisis but aims to establish clear rules for the future. When drafting separation or divorce agreements, Avv. Marco Bianucci meticulously includes specific clauses that govern the management of accounts and assets held in the children's names, stipulating periodic reporting obligations for the parent who has physical possession of the savings books or accounts. In cases of high conflict or when there is a well-founded suspicion of fund misappropriation by the other parent, the firm intervenes promptly by requesting urgent measures from the Court, such as freezing accounts or appointing a special guardian, to preserve the integrity of the minor's assets. The goal is to transform uncertainty into legal certainty, ensuring that every euro saved for the child remains exclusively dedicated to their growth and future needs.

Frequently Asked Questions

Can my ex withdraw money from my child's account without telling me?

In theory, if the account is jointly held by the parents with separate signatures, the bank might allow the transaction. However, legally, it would be an illegitimate act if not aimed at the minor's needs. For acts of extraordinary administration or significant withdrawals, the authorization of the Guardianship Judge is required. If a parent withdraws sums for personal purposes, they may be required to return them and, in more serious cases, risk losing the right to manage the child's assets.

How can I check how my child's money is being spent?

The parent who does not have physical possession of the savings book or account has the full right to access the bank documentation to verify transactions. Avv. Marco Bianucci always advises including an obligation in the separation agreement to provide periodic bank statements to the other parent. In the absence of transparency, it is possible to appeal to the court to obtain an order for the production of documents or to impose formal reporting.

Do I need a lawyer to request authorization from the Guardianship Judge?

Although the request can be submitted personally by the parties, the matter is complex and requires strong legal reasoning to demonstrate the necessity or clear benefit of the act for the minor. Assistance from an experienced family law lawyer ensures that the application is correctly formulated, reducing waiting times and the likelihood of rejection by the Court, thus ensuring efficient asset management.

Can I use my child's money to pay for separation expenses?

Absolutely not. The minor's assets are earmarked for meeting their needs and interests. Using money held in the children's names to pay for parents' legal fees, moving expenses, or other costs arising from the separation constitutes a breach of administrative duties and a conflict of interest. Such conduct is punishable, and the Guardianship Judge would never grant authorization for such an expenditure.

Request a Legal Consultation in Milan

If you are concerned about the security of your children's savings or need assistance in managing their assets during a separation, it is essential to act with prudence and expertise. Avv. Marco Bianucci is available to analyze your specific situation and implement the most appropriate protections. Contact the Bianucci Law Firm at its Milan office, located at Via Alberto da Giussano, 26, to schedule an appointment and ensure your children receive the asset protection they deserve.