The legal community of property represents one of the most relevant aspects of the matrimonial property regime in Italy. It is essential for family lawyers and those seeking legal advice to fully understand how this regime affects the financial relations between spouses. In this article, we will explore the details of this legal institution, providing a comprehensive guide for those needing clarifications on the matter.
According to the Italian civil code, the legal community of property is the property regime that automatically comes into effect with marriage, unless the spouses choose otherwise. This means that all assets acquired by the spouses during the marriage become jointly owned, with some exceptions specified by law. A family lawyer can provide details on the management and division of such assets in the event of separation or divorce.
Not all assets acquired by the spouses during the marriage are included in the community. The law excludes, among other things, assets owned by each spouse before marriage, those acquired by donation or inheritance, strictly personal assets, and those used for the exercise of a profession. An experienced family law attorney can offer assistance in evaluating specific cases and determining which assets are included in the community.
The management of community property requires the consent of both spouses for extraordinary administrative acts, such as the sale of real estate. However, each spouse can carry out ordinary administrative acts independently. For detailed advice on how to manage these aspects, it is advisable to contact a specialized law firm.
Spouses may choose, before or during the marriage, to adopt the separation of property regime. This choice allows them to keep their personal assets distinct, avoiding the legal community of property. A divorce lawyer can guide you in choosing the property regime that best suits your personal and family needs.
In the event of separation or divorce, the community property must be divided equally between the spouses. This process can be complex and requires an accurate assessment of the joint estate. Relying on a family law attorney in Milan can facilitate the management of disputes and ensure a fair and legal division of assets.
The legal community of property is a complex issue that requires a thorough understanding of the laws and practical implications. If you need clarifications or legal assistance on this topic, we invite you to contact the Bianucci Law Firm. Our expert lawyers, including criminal lawyers and family lawyers, are at your disposal to offer personalized advice and guide you in your legal decisions.