Regaining possession of one's home after years of assignment to an ex-spouse is a moment awaited by many owners, but often the revocation order is not enough to guarantee the actual availability of the property. It is frequent that, despite the Court's order declaring the right of habitation terminated, the occupant refuses to leave the house, creating a frustrating and legally complex stalemate. As an expert lawyer in family law in Milan, Avv. Marco Bianucci deeply understands the emotional and financial difficulties associated with this delicate phase, which often marks the definitive closure of economic ties with the past.

The Regulatory Framework: From Revocation to Forced Execution

The revocation of the assignment of the family home occurs when the conditions that justified its concession cease to exist, typically the end of cohabitation with minor or economically dependent children, or the transfer of the assignee elsewhere. However, obtaining the revocation order is only the first step. If the ex-spouse does not voluntarily vacate the property, the owner cannot take justice into their own hands, for example by changing the locks, as this would constitute a crime. It is necessary to initiate an enforcement procedure for eviction. The revocation order constitutes an enforceable title: this means that it legitimizes the owner to act forcibly through the Judicial Officer to obtain the release of the premises, after notification of the notice of default.

The Bianucci Law Firm's Approach to Property Eviction

Avv. Marco Bianucci, with consolidated experience in the Milan legal system, adopts a strategy aimed at minimizing time and conflicts, while firmly upholding the protection of the client's property rights. The approach always begins with an attempt at amicable resolution: a formal and structured notice inviting the occupant to vacate within a peremptory deadline, clarifying the legal and financial consequences of further resistance. Often, the awareness of having to face additional legal costs and potential damages for occupation without title convinces the other party to desist.

Should the out-of-court route prove unsuccessful, the Bianucci Law Firm proceeds with speed and precision in initiating the enforcement phase. From the notification of the notice of default to the Judicial Officer's intervention, every step is meticulously handled to avoid formal defects that could slow down the procedure. As an expert lawyer in real estate and family law, Avv. Marco Bianucci also coordinates the potential intervention of law enforcement, if strictly necessary, ensuring that the repossession occurs in full compliance with the law and with the utmost possible effectiveness.

Frequently Asked Questions

Can I change the locks of my house if the assignment has been revoked?

Absolutely not. Even if you have a court order revoking the assignment, changing the locks and preventing the ex-spouse from accessing the property before it has been formally vacated constitutes an arbitrary exercise of one's rights, which can have criminal relevance. It is necessary to follow the legal procedure for eviction.

How long does it take to vacate the house if the ex-spouse doesn't leave?

The timelines vary based on the workload of the Judicial Officers in Milan and the resistance offered by the occupant. After the notice of default is served, at least ten days must pass before proceeding. If the occupant does not cooperate, several visits by the Judicial Officer may be necessary, sometimes over a period of a few months, before forced eviction is achieved.

Can I claim compensation for the period the house was unduly occupied?

Yes, it is possible to claim occupancy compensation for the period between the date the property should have been vacated (or the date of revocation) and the actual handover of the keys. Avv. Marco Bianucci will assess the grounds for acting in this regard, quantifying the damage suffered based on the rental value of the property in the relevant area.

What happens if there are still movable goods belonging to the ex-spouse in the property?

If, at the time of forced eviction, there are movable goods belonging to the ex-spouse that are not removed, the Judicial Officer may order the party to remove them within a specified period, or may arrange for their storage or disposal at the expense of the debtor, following the procedures provided for by the Code of Civil Procedure.

Request a Case Evaluation

If you have obtained the revocation of the assignment of the marital home but are unable to regain possession, it is crucial to act promptly to protect your assets. Avv. Marco Bianucci is available at the Milan office, located at Via Alberto da Giussano 26, to analyze your specific situation and plan the most effective action for recovering the property. Contact the firm to schedule an initial consultation and define the strategy best suited to your needs.