In Italy, the way assets are handled during and after a marriage depends on the marital property regime chosen by the spouses. The two main options are:
Although this question relates to divorce, it’s important to know that the actual division of assets usually happens at the time of legal separation, not divorce.
This is the default regime applied to spouses unless they opt for a different arrangement. Under this regime, most assets acquired during the marriage become jointly owned and are managed together.
The law distinguishes between assets that enter joint ownership immediately and those that do so only upon dissolution:
Certain assets remain personal and are not part of the joint estate:
Joint ownership is dissolved upon legal separation or divorce. The division involves splitting both assets and liabilities equally (50/50). If one spouse has misused or hidden joint funds, they may need to repay the estate before division.
This regime must be explicitly chosen by the spouses, either in the marriage certificate or through a notarial agreement.
Each spouse retains exclusive ownership of the assets they acquired before and during the marriage [Civil Code, Art. 215]. There is no shared estate; each spouse manages their own property independently, while still contributing to family needs.
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