Property regimes between spouses

A property regime is the set of rules that govern property and the manner of administering assets belonging to a married couple so long as the marriage lasts and when the marriage ends for any reason (death, divorce).

In other words, the property regime stipulates the rights that each spouse has over assets acquired (by one or other of the spouses or by both) during the marriage, both for the duration of the marriage and in the case where the marriage ends.

In Italy the “normal” regime established between married couples (unless they expressly choose differently) is “joint legal ownership” of the assets. The spouses may however choose the “separation of assets” (not to be confused with the “legal separation” of the spouses), or a joint regime but with particular rules (“joint ownership by agreement”).

This choice affects both the possibility of selling or mortgaging the assets without the consent of the other spouse as well as the rules for the division of the assets in the case the marriage ends.

Based on Article 30 of Law 218/95, foreign citizens resident in Italy may also choose one of the property regimes foreseen in Italian law, and this may facilitate their absorption into the Italian community.

Considering the influence it may have in important contracts and in protecting the weaker spouse, the choice of property regime and/or changes to it do not always receive the attention they deserve.