the only thing to do to be…
Submitted by Ugo on Mon, 11/23/2020 - 10:36the only thing to do to be the sole owner of the house, without taking risks, is to get a divorce, before buying it
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Back in the early 2000's, I…
Submitted by alan h on Mon, 11/23/2020 - 11:53Back in the early 2000's, I bought my house in Italy. We decided it was easier for me to be the sole purchaser, although both my wife and I attended the signing at the Notary's.
He was OK with her not being a purchaser, but asked that my wife countersign each page of the documentation to indicate her agreement with me being sole owner.
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Ugo is right. If he buys…
Submitted by modicasa on Tue, 11/24/2020 - 00:49Ugo is right. If he buys before the decree absolute then the wife is automatically 50% owner.
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alanh -presumbaly you are…
Submitted by modicasa on Wed, 11/25/2020 - 03:57alanh -presumbaly you are married in separation of goods? If you are in communion of goods (default state for UK and Italian residents) she is owner of 50% whether you like it or not.
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Alah, Modicasa is right, in…
Submitted by Ugo on Wed, 11/25/2020 - 04:09Alah,
Modicasa is right, in Italy there is a law, originating from Roman law, according to which the agreements <contra legem> have no legal validity -
Now, the law in Italy establishes that everything purchased, even by donation, within the legal situation of the marriage, becomes property, 50/50 between the two spouses -
Everything you have written and your wife has signed in good faith, is configured as a pact <contra legem>, therefore of no legal validity -
Aimeh, your house is 50% owned by your wife, even though your wife doesn't want it. And the only way, for you to become the owner of the 50% of your wife's competence, is that she sells it to you, with a notary deed.
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