Asset Management in Separation

Facing a separation is an emotionally complex journey, made even more delicate by concerns related to asset management and division. Understanding how to protect one's assets, ensure a fair agreement, and minimize conflicts is a fundamental priority. In this phase, professional assistance becomes crucial for navigating legal complexities with clarity and strategy. As a family lawyer in Milan, Avv. Marco Bianucci supports his clients in defining a clear path, protecting their financial and personal interests.

Marital Property Regime: Community Property or Separation of Assets?

The first step in understanding how assets will be divided is to analyze the marital property regime chosen by the spouses. In Italy, in the absence of a different express choice made at the time of marriage, the regime of community property automatically applies. This means that all assets acquired by the spouses, together or separately, during the marriage become part of a common estate, which will be divided 50/50 in case of separation. Strictly personal assets, those received by donation or inheritance, and those necessary for the exercise of a profession are excluded from the community.

Opting for separation of assets, on the other hand, allows each spouse to retain exclusive ownership of assets acquired during the marriage. Although this choice significantly simplifies the asset division process, it does not exclude the need to manage jointly owned assets, such as bank accounts or real estate, which will still require a specific agreement. The choice of marital property regime is therefore a determining factor that influences the entire strategy for managing marital breakdown.

The Strategic Approach of Studio Legale Bianucci

Asset management in a separation is not just a matter of mathematical calculation, but requires a strategic vision that considers future balances. The approach of Avv. Marco Bianucci, family lawyer in Milan, is based on a detailed analysis of the overall asset situation, aimed at reaching a sustainable agreement and reducing the level of conflict. The goal is to transform a moment of crisis into an opportunity to establish new, stable economic foundations for both spouses, with particular attention to the protection of children, if present.

Studio Legale Bianucci favors the path of assisted negotiation and consensual agreements, tools that allow for personalized solutions to be reached more quickly and with lower emotional and financial costs compared to lengthy court litigation. Each strategy is tailor-made, starting from listening to the client's needs to define the most effective objectives and legal actions for their protection, whether it concerns the correct valuation of a family business, the management of complex investments, or the assignment of the marital home.

Frequently Asked Questions

What happens to the marital home during a separation?

The assignment of the marital home does not depend on the ownership of the property, but on child custody. The judge, in the primary interest of the children, tends to assign the right of residence in the family home to the parent with custody of minor or non-economically independent adult children. In the absence of children, the home remains available to the owning spouse or, if jointly owned, it is generally sold or the share is liquidated.

How are joint bank accounts divided?

Under the community property regime, sums deposited in a joint account are presumed to be jointly owned 50%, unless one of the spouses provides proof that the funds come from personal sources excluded from the community (e.g., inheritance, damages). It is advisable practice, at the onset of marital crisis, to separate accounts to avoid unjustified withdrawals by either spouse.

Are inherited or gifted assets included in the community property?

No. According to Article 179 of the Civil Code, assets acquired by a spouse after marriage through donation or inheritance are considered personal assets and are therefore excluded from community property. These assets remain the exclusive property of the spouse who received them and are not subject to division in case of separation.

Is it possible to protect one's assets before separation?

Yes, it is possible to adopt asset planning and protection tools, such as the establishment of a patrimonial fund or a trust, but these acts must be carried out in due time and for legitimate purposes, such as protecting the family's needs. Acts carried out solely for the purpose of removing assets from marital division may be declared ineffective through a revocatory action.

Request a Consultation for Your Case

Asset division is one of the most complex and delicate aspects of a separation. Timely legal advice is essential to understand one's rights and define the most appropriate strategy to protect one's interests. For an in-depth assessment of your situation, you can contact Studio Legale Bianucci located in Milan at via Alberto da Giussano, 26. Avv. Marco Bianucci and his team are available to provide you with clear, strategic, and personalized legal assistance.