Inheritance of the Separated Spouse: Implications for the Assignment of the Marital Home

The issue of inheritance in the case of legal separation can raise numerous doubts, especially when it comes to the assignment of the marital home. Understanding how the inheritance of the spouse can influence rights to the house is fundamental for those in this delicate situation.

What happens in the case of legal separation?

In Italy, legal separation does not dissolve the marriage but suspends certain effects, keeping some inheritance rights alive. This means that, in the absence of divorce, the separated spouse retains rights to the inheritance of the former partner.

"Separation does not eliminate the inheritance rights of the spouse, unless it is a separation with fault."

Assignment of the Marital Home: What to Consider?

• Children's rights: If there are minor children, the marital home is generally assigned to the parent with whom they live, regardless of inheritance.
• Agreements between spouses: It is possible for spouses to reach an agreement on the assignment of the house, even in the presence of inheritance.
• Separation decree: A decree can establish who has the right to continue living in the marital home.

How can inheritance influence the assignment?

If the separated spouse receives a significant inheritance, it could influence the judge's decisions regarding the assignment of the house, especially if this inheritance significantly improves their economic situation.

Conclusions

Managing inheritance and the marital home during separation requires attention and expertise. If you find yourself in this situation, do not hesitate to contact the Bianucci Law Firm. Our team of experts is at your disposal to provide you with the necessary assistance and guide you towards the best possible solutions.