With the provisions of separation and divorce can ownership of real estate be transferred? Are there any tax breaks?
With economic separation and divorce agreements it is possible to transfer ownership of real estate. It must be remembered that all deeds, documents and provisions relating to the procedure for the dissolution of the marriage or the cessation of the civil effects of the marriage are exempt from stamp duty, registration and any other tax (Article 19, Law 6 March 1987, no. . 74). With sentence 10 May 1999, n. 154, the Constitutional Court established that this exemption must also be extended to all those relating to the procedure for the personal separation of the spouses.
For these reasons transfers of real estate carried out in fulfillment of separation and divorce agreements are exempt from taxes and fees. If instead of asking the court to transfer an asset there is a commitment to do so at a later time you will have to pay the notary fees but not the taxes that will always be not due.