If I understand correctly, the house is still owned 50/50 on paper, or 50/25/25 after the succession. So your father inlaws 50% has passed to his children. His sister owns the other 50%. Assuming that the property is indivisible, then the only option is for your husband and his sister to accept less of than 50% of the purchase price, in order to give the aunt what she wants. You cant force your relations to buy you out without spending alot of money and time. As your father in law had was already buying out his sister unofficially, and she had been paid for her half, why is she asking for more than half the proceeds from the sale?
IMU - council tax and TARI rubbish tax will be payable even if the house is empty. Water will be payable unless the meters have been sealed. Presumbaly you have done the succession of ownership after your father in laws death, in which case the property will be in your name and you should be paying the bills. If you havent done the succession you cant sell the house, so you need to get on to it.
As a seller you have to produce certain documents that may cost you money if you dont already have them. An APE or energy certificate is obligatory as is a CDU if you have agrictulural land. Obviously your paperwork must be in good order, especially the plan of the property which must be the same as its actual state or it will create problems and cost you money.The buyer will usually put down a deposit at the preliminary of sale which is legally binding. If they back out they lose it, if you back out you pay double back. If your buyer requires a mortgage though, things get more complicated as they will want a clause which allows them to back out with no penalty if they cant get a mortgage. HOwever the market itself is very different from the UK. Times to sell properties are longer, above all if you are in the second home market, and it can be years. Think of the possbile buyers which will be attracted to your property and aim for them. The process is more secure than in the UK, and the notary usually assures a level of checks and balances which you dont get in the UK.
Two very different things which require two different approaches. Ollive grove - agrictultural, one of you needs to be a coltivatore diretto to get all the benefits/grants etc. The other is requires a partita IVA (VAT number) unless you go for forfettario, and depending on the age of your son, would be an idea to put in his name, as he will get tax breaks if he is young. And so on. You need specialist advice about how to approach it. If the motorbike business is in outbuldings .. whose? If they are yours, then your son should rent them from you and its a deductible expense, etc etc.
Im really sorry tohear your situation. I woud get in touch immediatel wih Charlotte Oliver http://www.oliverpartners.it/our-team/charlotte-oliver/a lawyer based in Rome who will know what to do. She's helped loads of people and was active on various forums. She knows her stuff. Condominum law can be incredibly complicated, but your neighbours seem horrendous.
I dont think your agent is being lazy at all. I suspect your geometra is being pedantic to give you a hugely inflated bill. 1. The catastal plan ie the one registered at the Land Registry is the one you will have to sign in front of the notary. That must be accurate - doors,windows etc all in the right place. Room sizes do not need to be drawn on this as the plan is to scale. Room heights often are on it. 2. If the access is granted in the act of sale and has been used in the last 20 years it cannot be denied. Your neighbours have togive you access- Ifthey want to vary the current access arrangement then it mustbewith your agreement. It would be good to have it drawn on a map, but the colour is immaterial.3. What your neighbours do is no concern of yours or your geometra, unless it impinges onyour property and your right to light etc.
Are you sure his italian citizenship wasnt renounced? usually it was in order to get US citizenship. If it wasnt andhe remained Italian till his death, you technically have the right to claim Italian citizienship.
Yes. You were both married when you bought, so 50% of the properties were automatically your spouses - unless you provided proof that you were in separazione dei beni. Wit your fathers death you have a UK will, but that would have to be published in Italy to avoid the Italian succession law, whereby the property goes to the surviving spouse and the children in varying percentages. Notwithstanding the fact that your exhusband has no part of the property inthe divorce papers, he is still an owner, and therefore you need a POA from him to sell. With the succession your brother is a part owner and therefore will need a codice fiscale. The notary is right, im afraid.
Comments posted
If I understand correctly, the house is still owned 50/50 on paper, or 50/25/25 after the succession. So your father inlaws 50% has passed to his children. His sister owns the other 50%. Assuming that the property is indivisible, then the only option is for your husband and his sister to accept less of than 50% of the purchase price, in order to give the aunt what she wants. You cant force your relations to buy you out without spending alot of money and time. As your father in law had was already buying out his sister unofficially, and she had been paid for her half, why is she asking for more than half the proceeds from the sale?
In which case the taxes are payable in quota of the ownership. Except the water which is due in the name of the person on the contract.
IMU - council tax and TARI rubbish tax will be payable even if the house is empty. Water will be payable unless the meters have been sealed. Presumbaly you have done the succession of ownership after your father in laws death, in which case the property will be in your name and you should be paying the bills. If you havent done the succession you cant sell the house, so you need to get on to it.
As a seller you have to produce certain documents that may cost you money if you dont already have them. An APE or energy certificate is obligatory as is a CDU if you have agrictulural land. Obviously your paperwork must be in good order, especially the plan of the property which must be the same as its actual state or it will create problems and cost you money.The buyer will usually put down a deposit at the preliminary of sale which is legally binding. If they back out they lose it, if you back out you pay double back. If your buyer requires a mortgage though, things get more complicated as they will want a clause which allows them to back out with no penalty if they cant get a mortgage. HOwever the market itself is very different from the UK. Times to sell properties are longer, above all if you are in the second home market, and it can be years. Think of the possbile buyers which will be attracted to your property and aim for them. The process is more secure than in the UK, and the notary usually assures a level of checks and balances which you dont get in the UK.
Two very different things which require two different approaches. Ollive grove - agrictultural, one of you needs to be a coltivatore diretto to get all the benefits/grants etc. The other is requires a partita IVA (VAT number) unless you go for forfettario, and depending on the age of your son, would be an idea to put in his name, as he will get tax breaks if he is young. And so on. You need specialist advice about how to approach it. If the motorbike business is in outbuldings .. whose? If they are yours, then your son should rent them from you and its a deductible expense, etc etc.
Im really sorry tohear your situation. I woud get in touch immediatel wih Charlotte Oliver http://www.oliverpartners.it/our-team/charlotte-oliver/a lawyer based in Rome who will know what to do. She's helped loads of people and was active on various forums. She knows her stuff. Condominum law can be incredibly complicated, but your neighbours seem horrendous.
it depends where it is and what it is classed as at the land registry.
I dont think your agent is being lazy at all. I suspect your geometra is being pedantic to give you a hugely inflated bill. 1. The catastal plan ie the one registered at the Land Registry is the one you will have to sign in front of the notary. That must be accurate - doors,windows etc all in the right place. Room sizes do not need to be drawn on this as the plan is to scale. Room heights often are on it. 2. If the access is granted in the act of sale and has been used in the last 20 years it cannot be denied. Your neighbours have togive you access- Ifthey want to vary the current access arrangement then it mustbewith your agreement. It would be good to have it drawn on a map, but the colour is immaterial.3. What your neighbours do is no concern of yours or your geometra, unless it impinges onyour property and your right to light etc.
Are you sure his italian citizenship wasnt renounced? usually it was in order to get US citizenship. If it wasnt andhe remained Italian till his death, you technically have the right to claim Italian citizienship.
Yes. You were both married when you bought, so 50% of the properties were automatically your spouses - unless you provided proof that you were in separazione dei beni. Wit your fathers death you have a UK will, but that would have to be published in Italy to avoid the Italian succession law, whereby the property goes to the surviving spouse and the children in varying percentages. Notwithstanding the fact that your exhusband has no part of the property inthe divorce papers, he is still an owner, and therefore you need a POA from him to sell. With the succession your brother is a part owner and therefore will need a codice fiscale. The notary is right, im afraid.