International Asset Management

Facing separation or divorce is an emotionally complex journey, which becomes even more complicated when assets, bank accounts, or investments located abroad are involved. The concern regarding correct declaration and fair division of these assets is legitimate and requires a rigorous and competent legal approach. Italian law provides precise tools for managing cross-border assets, but their practical application requires expert guidance to fully protect one's rights. As a divorce lawyer in Milan, Avv. Marco Bianucci has gained consolidated experience in managing these cases, helping spouses gain clarity and achieve a fair and transparent distribution.

Assets Abroad and Community Property: What the Law States

In Italy, the legal marital property regime, in the absence of a different agreement (such as separation of assets), is the community property. This principle also extends to assets acquired, even separately, by one of the spouses during the marriage, regardless of their location. Therefore, a property in Paris, a stock package in New York, or a bank account in Lugano, if acquired after the marriage, fully fall into the assets to be divided 50/50. It is crucial to understand that the obligation of transparency is a cornerstone of the process: concealing assets abroad is not only legally incorrect but can lead to very serious consequences, including the loss of rights over other assets and potential penalties.

The Strategic Approach of Bianucci Law Firm

Managing international assets in a separation case requires meticulous analysis and a personalized strategy. The approach of Avv. Marco Bianucci, divorce attorney in Milan, is structured in precise phases to ensure maximum client protection. The first step involves a complete mapping of the assets, which may include legitimate investigative activities to trace undeclared assets. Subsequently, the documentation is analyzed to establish the nature of each asset (whether personal or part of the community property) and a fair division plan is defined. The firm, based in Milan, handles initiating all necessary procedures, either through negotiation for a consensual agreement or in court to assert the client's rights before a tribunal.

Frequently Asked Questions

How can one trace a spouse's accounts and assets abroad?

Tracing undeclared assets requires specific legal action. An experienced lawyer can activate legal tools, such as banking disclosure orders and international letters rogatory, to obtain official information from foreign credit institutions and land registries. These procedures are complex and must be based on solid legal grounds to be authorized by a judge.

Are assets inherited or received as gifts abroad included in the division?

No, according to Italian law, assets received by a spouse through inheritance or donation, even during the marriage, are considered personal assets. Therefore, they are excluded from the community property and do not need to be divided, unless specified otherwise in the deed of gift or will, or if they have been voluntarily jointly registered.

What happens if a property abroad is jointly owned?

If a property abroad is jointly owned, ownership is presumed to be divided equally, unless proven otherwise. In the event of separation, division must proceed. Options include selling the property and dividing the proceeds, assigning it to one spouse with compensation to the other, or maintaining co-ownership if both agree.

Is Italian law always applicable for the division of an asset located in another State?

Separation and personal relations between spouses are governed by Italian law (if marital life is primarily located in Italy). However, for the effective transfer of ownership of real estate, it may also be necessary to comply with the law of the place where the property is located (the 'lex rei sitae' principle). This is why assistance from a lawyer with experience in private international law is crucial.

Contact the Firm for an Assessment of Your Case

The division of international assets is one of the most delicate challenges in family law. Entrusting yourself to competent guidance is the first step to protecting your future. For a clear and strategic assessment of your situation, you can contact Bianucci Law Firm in Milan. Avv. Marco Bianucci and his team are available to analyze your case and define the most effective legal path to ensure a transparent and fair division of assets.