Land registry and family home protective rules

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Land Registry and the family home protective rules & Other Overriding mandatory provisions in family law

The Italian civil code provides rules in order to protect the right of habitation in the family home in case of decease of one of the spouses (article 551, 2°paragraph, civil code: “To the surviving spouse, even when competing with other called, is reserved the rights of residence on the house used as a family residence, if owned by the deceased or common.”

Furthermore, the right of habitation in the family home owned by one of the spouses, can be assigned to the other in case of separation of the spouses or dissolution of the marriage.

There aren’t other overriding provisions in the Italian family law.

Practical case

Pietro had inherited a house from his parents’ succession. He is registered in the land book as sole owner. After that, he marries Sofía and they establish their family home at that house, where they live with their two little children.

Now, Pietro has received a very interesting offer for the house from an Investing company called Paradise Rooms SA, so he decides to sell it. Pietro and the representative director of the company have signed the purchase contract before the notary and have sent it to the Land Registry to register the new owner.

In this case Pietro is the sole proprietor of the house because he inherited it from his parents’ succession. He can sell the house and transcribe the deed in the Land Registry. In this case there are no restrictions imposed by a mandatory provision in the national law protecting the family home.

In case of registered partnership, the same rules do apply.