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

The Cecatiello Law Firm offers consultancy aimed at ascertaining the best property regime in the interest of its clients.
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 the marriage, excluding personal assets, companies managed by both spouses and established after the marriage. The fruits of the property belonging to each of the spouses, received and not consumed at the dissolution of the community, the proceeds from the separate activity of each of the spouses if, at the dissolution of the community, they have not been consumed, form part of the community only at the time of its dissolution (so-called communion of the residue).

If, for example, one of the spouses has collected the rent of a shop owned exclusively by him for the month of October and if this sum of money has not yet been spent, in the case of dissolution of the community property in October, the owner spouse of the shop will have to divide the October rent with the other but not the subsequent rents.

The legal communion does not have as its object all the goods acquired during the marriage, in any case "personal goods" are excluded from the communion, as indicated in article 179 of the civil code. The following are personal assets and therefore do not fall within the communion: assets of which, before marriage, the spouse owned or with respect to which he / she was the owner of a real right of enjoyment; assets acquired after marriage as a result of donation or succession, when it is not specified in the deed of donation or in the will that they are attributed to the communion; the goods for strictly personal use of each spouse and their accessories; assets used for the exercise of the spouse's profession, except those intended for the management of a company which is part of the community; assets obtained by way of compensation for damage as well as the pension relating to the partial or total loss of working capacity the goods acquired with the price of the transfer of the personal goods listed above or with their exchange, provided that this is expressly stated at the time of purchase

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

Goods purchased with the price received from the sale of personal goods or with their exchange can be excluded from the communion, as long as this is expressly stated in the purchase deed.
If, for example, the husband receives land as an inheritance from his grandfather and then sells it and buys an apartment with the proceeds, this property will not be included in the communion only if the husband declares in the deed that the property is purchased with the price its land.