Legal Protection for Unmarried Couples in Milan

The choice to build a life together without getting married is increasingly common in Italy. However, many couples are unaware that *more uxorio* cohabitation, while a recognized social formation, does not automatically guarantee the same protections as marriage. Understanding one's rights and duties is crucial to avoid vulnerable situations, especially in the event of a breakup or the death of one partner. As an expert lawyer in family law in Milan, Avv. Marco Bianucci offers targeted advice to navigate the legal complexities concerning unmarried cohabiting partners.

The Regulatory Framework: Differences Between Marriage and Cohabitation

In Italy, Law no. 76/2016 (known as the Cirinnà Law) introduced specific regulations for de facto cohabitation, offering greater guarantees than in the past. Despite this, substantial differences remain compared to the institution of marriage. For example, there is no obligation of fidelity, nor, in case of separation, an automatic right to maintenance payments, except in cases of extreme need (alimony). Even in terms of inheritance, the cohabiting partner is not considered a forced heir, meaning that, in the absence of a will, they inherit nothing from the deceased partner.

Child Protection in Unmarried Couples

One aspect where Italian law has made significant progress concerns offspring. It is crucial to clarify that children born outside of marriage have exactly the same rights as those born within it. Parental responsibility, the right to maintenance, and issues related to custody follow the same rules. In the event of a crisis in the parental couple, the competent Court will primarily protect the best interests of the minor, establishing appropriate visitation times and financial contributions, regardless of the parents' marital status.

The Approach of Studio Legale Bianucci

The approach of Avv. Marco Bianucci, an expert lawyer in family law in Milan, is distinguished by its ability to anticipate problems through preventive legal planning. Often, the best solution for an unmarried couple lies in entering into a cohabitation agreement. This instrument allows for the regulation of financial relationships related to shared life, establishing clear rules on contributions to domestic expenses and the destination of assets.

When a crisis is already underway, Studio Legale Bianucci assists clients in managing separation, with particular attention to the assignment of the family home (which may be granted to the cohabiting parent with minor children) and the definition of financial relations. The goal is always to reach sustainable agreements that avoid lengthy legal disputes where possible, while simultaneously protecting individual rights and the well-being of children.

Frequently Asked Questions

Does a cohabiting partner have a right to inherit from the deceased partner?

No, a *more uxorio* cohabiting partner is not among the legal heirs. If the deceased partner has not made a will naming the partner as heir or legatee, the latter has no rights to the inherited estate. To protect the partner, it is essential to plan the succession through a will, always respecting the legal share reserved for children or ascendants.

What happens to an rented apartment if the couple separates?

If the lease agreement is in both names, both remain responsible. If it is in only one name, in the presence of minor children, the judge may assign the use of the home to the parent with whom the children predominantly live, even if they are not the holder of the contract. In the absence of children, the non-contract-holding cohabiting partner has no long-term right of stay after the breakup.

Can I ask for maintenance if my partner leaves me?

Unlike divorce, the end of a cohabitation does not create a right to a maintenance allowance for the standard of living. However, if one of the partners is in a state of need and unable to provide for their own sustenance, they can request alimony, which is a financial provision limited to what is strictly necessary and for a period proportional to the duration of the cohabitation.

What is the purpose of a cohabitation agreement?

A cohabitation agreement serves to regulate the financial aspects of shared life. With it, one can choose the marital property regime (such as community property), define how common expenses are contributed to, and establish rules for the eventual division of assets in case of a breakup, providing certainty that ordinary law does not automatically offer.

Request a Legal Consultation in Milan

The dynamics of de facto families require specific protection and up-to-date expertise. If you wish to draft a cohabitation agreement, plan a succession, or handle a separation, rely on the expertise of Avv. Marco Bianucci. At the office located at Via Alberto da Giussano 26 in Milan, you will receive an in-depth analysis of your situation to identify the most effective strategy to protect your rights and your future.