FOREIGNERS AND THE NOTARY

Providing Best Solutions in a
       framework of Legal Certainty

Joint ownership

Joint ownership of assets is the property regime Italian law “automatically” assigns to partners in marriage, but allows the spouses to choose otherwise (such as the separation of assets or joint ownership by agreement).

In summary, legal joint ownership means that, in principle, all assets acquired by the spouses during their marriage, even if formally in the name of one only of them, in reality belong to both. That means that in order to sell them, donate them, mortgage them or otherwise dispose of them, the assent of both spouses is necessary and the value of the assets is  equally shared by the spouses. Basically, the only things excluded are strictly personal or professional belongings, and the income from an individual's work.