Matrimonial regimes in Italy

Marital property system in Italy

Matrimonial regimes in Italy









The matrimonial regime in Italy (known as Regime patrimoniale coniugale) is governed by the Italian Civil Code.

According to the rules of this Code, there are two kinds of matrimonial regime in Italy: the regime of community of property and the regime of separation of property.

Pursuant to article 159 of the Italian Civil Code, in the absence of agreement between the spouses, the matrimonial regime will be of community of property.

The goods of the communion are:

- purchases made ​​by the spouses together or separately during the marriage, except for personal goods;

- companies managed by both spouses and opened after the wedding;

- the profits of a personal business of each spouse, if they are not consumed at the time of the dissolution of communion.

Ther are some personal property that are not part of the community:

- the goods of property of each spouse before the marriage;

- property acquired during the marriage by donation or inheritance;

- the goods of personal use of each spouse and their accessories;

- the goods obtained as compensation for damages.

About the regime of separation of property, with this regime each spouse is the sole owner of his/her property acquired during the marriage. This agreement must have the form of a public act under pain of nullity.

The choice of the regime of separation of property may be made ​​by the spouses at the time of the marriage. or before or after the wedding, with an agreement signed in presence of a notary.

To know more, please read also:

Transcription in Italy of marriages contracted abroad

Legal advice on marriage in Italy

Family lawyers in Italy

Divorce in Italy

The Alimony in Italy

International Divorce in EU Countires

For more information, please contact Lawyers in Rome