Law Firm Avvocato Cecatiello, specializing in Family Law International Family Law
+39 02 72022862

Legal property rights of the family in constitution (communion of goods)

The Law Firm Cecatiello offers consultancy aimed at ascertaining the best capital regime in the interests of its customers.
The future spouses, before marriage, must in fact choose the patrimonial regime of the family that will go to constitute.
If no choice is made, the property regime will be that of the communion of assets.
The law governs which assets belong to the legal communion and which are excluded.

They are the object of communion purchases made by spouses, together or separately during marriage, excluding personal property, companies managed by both spouses and established after marriage. The fruits of the property of each of the spouses, perceived and not consummated at the dissolution of the communion, the proceeds of the separate activity of each spouse if, at the dissolution of the communion, have not been consumed they are part of the communion only at the time of its dissolution (so-called communion of residuals).

If, for example, one of the spouses has collected the rent of a store of his exclusive property for the month of October and if this sum of money has not yet been spent, in the case of dissolution of the communion in October the spouse owner the store will have to share the rent for October with the other but not the subsequent fees.

The legal communion does not concern all the goods acquired during the marriage, in any case the "personal goods" are excluded from communion, as indicated in the article 179 cc. They are personal property and therefore do not fall into communion: the assets of which, before marriage, the spouse was the owner or with respect to which he was the holder of a real right of enjoyment; assets acquired after marriage as a result of donation or succession, when in the deed of liberality or in the will it is not specified that they are attributed to the communion; the goods of strictly personal use of each spouse and their accessories; the goods that serve the exercise of the profession of the spouse, except those intended for the management of a company forming part of the communion; the assets obtained by way of compensation for damages as well as the pension relating to the partial or total loss of work capacity; the assets acquired with the price of the transfer of the personal assets listed above or with their exchange, provided this is expressly declared at the time of purchase

Therefore they fall between personal property those purchased before marriage, while for the purchases made after marriage Article. 179 divides the assets that belong in any case to one of the spouses from the assets that may be, by mutual agreement between the spouses, excluded from the communion.

Goods purchased with the price received from the sale of personal goods or with their exchange may be excluded from communion, provided this is expressly stated in the deed of purchase.
If, for example, the husband receives a land inherited from his grandfather and then resells it and with the proceeds he buys an apartment this property will not be part of the communion only if the husband declares to the deed that the property is purchased with the sale price of the his land.