The Simulated Sale of Assets

Discovering that one's spouse, in proximity to a separation, has sold real estate, company shares, or other valuable assets to children, relatives, or third parties under suspicious conditions can generate a profound sense of injustice and concern. This strategy, unfortunately not uncommon, aims to remove such assets from the legal community property and subsequent asset division, severely damaging the rights of the other spouse. In these circumstances, it is crucial to understand that the Italian legal system offers effective tools to protect one's assets. Addressing this complex situation requires the intervention of a professional who knows how to act. As a divorce lawyer in Milan, Avv. Marco Bianucci has gained considerable experience in managing these delicate asset disputes.

Protection Tools: Action for Simulation and Action for Revocation

When a sale is suspected to be fictitious, the law provides two main legal actions to neutralize its effects and reintegrate marital assets. The choice between one or the other depends on the specific nature of the act performed by the spouse. It is essential to analyze the situation in detail to identify the most correct and effective procedural strategy.

Action for Simulation: Unveiling the Hidden Agreement

The action for simulation aims to have the judge ascertain that the sale agreement was never truly intended by the parties (absolute simulation) or that it concealed a different legal transaction, such as a donation (relative simulation). Essentially, the court is asked to declare that the sale contract is merely an appearance and, consequently, devoid of effect. If the action is successful, the asset has never legally left the seller-spouse's estate and is fully included in the pool to be divided.

Action for Revocation: Rendering the Harmful Act Ineffective

Unlike simulation, the action for revocation is used when the sale is real and intended, but was carried out with the specific purpose of damaging the creditor claims of the other spouse (in this case, the right to the division share). To succeed, it is necessary to demonstrate not only the prejudice caused (reduction of assets) but also the seller-spouse's awareness of the damage and, in the case of a valuable consideration, the bad faith of the third-party buyer. The effect is not the nullity of the act, but its ineffectiveness solely towards the spouse who initiated the action, who can then satisfy their claims on the asset as if it had never been sold.

The Bianucci Law Firm's Approach

The approach of Avv. Marco Bianucci, a divorce lawyer in Milan with consolidated experience in asset litigation, is based on meticulous analysis and a targeted procedural strategy. Managing a case of suspected simulated sale begins with an in-depth investigative phase aimed at gathering all necessary evidentiary elements. This includes analyzing real estate searches, mortgage inspections, verification of bank flows, and the search for any useful clue to demonstrate the fictitious or fraudulent nature of the transaction, such as a negligible sale price or the failure to transfer possession of the asset. Only after building a solid evidentiary framework is the most appropriate legal action taken to fully protect the client's rights and ensure a correct division of marital assets.

Frequently Asked Questions

How can I prove that a sale is simulated?

Proof of simulation can be provided through a series of indications, known as presumptions. Among the most common are: a sale price significantly lower than the market value (a derisory price), the existence of family ties or close friendships between the seller and buyer, the lack of proof of actual payment of the price, and the fact that the selling spouse continues to dispose of and use the asset as if it were still theirs.

What is the main difference between an action for simulation and an action for revocation?

The fundamental difference lies in the intent of the parties. In an action for simulation, the very intention to carry out the sale agreement, which is merely apparent, is contested. In an action for revocation, however, the sale is real and intended, but the fraudulent purpose with which it was carried out, namely to damage the claims of the other spouse, is contested. The two actions have different prerequisites and consequences.

How much time do I have to take action against a fictitious sale?

The statute of limitations varies. The action for absolute simulation is imprescriptible between the parties, while it prescribes in ten years if asserted by third parties. The action for revocation, on the other hand, prescribes in five years from the completion of the act. It is therefore essential to act promptly to avoid losing the right to protection.

Contact the Firm for an Assessment of Your Case

If you have founded suspicion that your marital assets have been unduly reduced through fictitious sale agreements, it is essential to act with speed and strategy. Understanding the nature of the acts performed and choosing the correct legal instrument is a decisive step for safeguarding your rights. The Bianucci Law Firm, located in Milan at Via Alberto da Giussano 26, offers an in-depth analysis of your case to define the best course of action. Contact Avv. Marco Bianucci for clear and professional advice and to protect what is rightfully yours.