The Fate of the Family Home When Children Grow Up

The management of the family home often represents the most complex and emotionally charged issue in separations and divorces. For years, the property remains tied to the children's housing needs, effectively preventing the owner (or the co-owner not granted custody) from freely disposing of it. However, reaching adulthood and, above all, economic independence for the offspring marks a fundamental turning point. As an expert lawyer in family law in Milan, Avv. Marco Bianucci deeply understands the need to clarify when it is possible to regain full possession of the asset and proceed with its sale or division.

The Regulatory Framework: From Adulthood to Economic Self-Sufficiency

It is crucial to clarify a common misconception: the children reaching the age of eighteen does not automatically lead to the revocation of the family home's assignment. Italian jurisprudence is clear in establishing that the right of habitation in favor of the custodial parent persists until the children achieve economic self-sufficiency or permanently leave the family unit. This means that the assignment expires only when the child has an income adequate to their profession or if, through their own fault, they have not made efforts to find one. Only at that point does the protective function for the offspring, which justified the sacrifice of the other spouse's property right, cease to exist, paving the way for modifying the separation or divorce conditions.

The Bianucci Law Firm's Approach to Revoking the Assignment

Addressing the revocation of the family home's assignment requires a precise and documented strategy. The approach of Avv. Marco Bianucci, a lawyer expert in real estate and family law, begins with a rigorous analysis of the children's employment and income situation. It is not enough to assume independence; it must be demonstrated, or the child's culpable inertia in becoming autonomous must be proven. The Bianucci Law Firm assists its clients in Milan in both out-of-court proceedings, seeking an agreement for the consensual sale of the property and the division of proceeds, and in judicial proceedings, filing a request for the revocation of the assignment. The goal is to unblock real estate assets 'frozen' for years, ensuring that the client can finally liquidate their share or regain possession of the home.

Frequently Asked Questions

When is a child considered economically self-sufficient?

Economic self-sufficiency does not equate to precarious or occasional work. Jurisprudence requires that the child has achieved a level of income stability sufficient to support themselves independently, consistent with their education. However, beyond a certain age threshold (generally around 30-35 years old), the burden of proof shifts, and it is presumed that the failure to achieve independence is due to inertia, justifying the revocation of the assignment.

Can I sell the house if my ex-spouse still lives there?

Yes, the house can be sold even if it has been assigned, but the right of habitation is enforceable against third-party buyers if it is registered. This means that whoever buys it does so with the ex-spouse still living there, which drastically reduces the property's market value. To sell at full price, it is necessary to first obtain a court order revoking the assignment, freeing the property from the encumbrance.

What happens if a major child studies away from home?

If the child studies away from home but regularly returns home (e.g., on weekends or during holidays), the connection with the domestic environment is not considered severed, and the assignment of the home to the custodial parent usually remains. Revocation occurs when the child's move becomes stable and definitive, eliminating the need to protect the original domestic environment.

How are the proceeds from the sale of the family home divided?

Once the assignment is revoked and the property is sold, the proceeds are divided proportionally to the ownership shares. If the spouses were in a community of property regime or co-owners of 50%, the sum will be divided in half. In this phase, Avv. Marco Bianucci ensures that the distribution is carried out correctly, considering any improvements made or extraordinary expenses incurred by only one of the parties over the years.

Request a Consultation for Family Asset Management

If your children are now grown and you believe the conditions for assigning the home to your ex-spouse no longer exist, it is time to evaluate the situation with a professional. Contact Avv. Marco Bianucci to analyze your specific case and plan the best course of action to enhance your real estate assets. The firm receives clients in Milan at Via Alberto da Giussano, 26, ready to offer you the expertise needed to close this chapter.