09 August, 2017

A new cohabitation and family house: consequences concerning the assignment pursuant to Italian law – Advice by an Italian qualified lawyer specialized in family law

In Italy, a new cohabitation of the spouse (the mother or the father) who lives with the children may have consequences on the assignment (assegnazione) of the family house. To divorce (divorziare) or to separate (separarsi), pursuant to Italian law, entails the knowledge of all the provisions set forth under the Italian law, to this purpose the appointment of an Italian qualified lawyer, specialized in family house, may allow to pinpoint the most appropriate instruments to safeguard his/her own rights.

Who, for example, could request the assignment of the family house during the separation or divorce proceeding, pursuant to the Italian law:

  • An Italian citizen and a foreign citizen, both residing not in Italy but abroad;
  • Two Italian citizens, both residing not in Italy but abroad;
  • Two foreign citizens, residing not in Italy but abroad and who got married in Italy or had lived in Italy or had decided to apply the Italian law;
  • An Italian citizen and a foreign citizen, both residing in Italy;
  • Two Italian citizens, both residing in Italy;
  • Two foreign citizens, both residing in Italy.

Let’s see a concrete example, in order to face the matters related to the assignment of the family house of the spouses. In Italy, indeed, the Judges may decide that this family house shall be inhabited by a spouse, who lives with their children, excluding the real owner of the house who would remain as real owner but who would be forced to live in another place. All the provisions set forth concerning the family house, however, can be amended and modified in connection with what happens to the spouses, especially if these start a new relationship with another person.

Husband and wife are separated. The Judge, during the separation (separazione) legal proceeding, has decided that the family house is assigned to the wife who lives with their children.

Regardless of some initial difficulties, the relations with the husband are gradually improving since the spouses have stopped a cohabitation, which was unbearable. Their relation became a quite one: every spouse respects her/his parental duties without infringe on the rights of the other spouse.

To counterbalance the relation after the separation, however, can be quite difficult, even more difficult when there is the intention to insert new lover and new people into the daily life of the children.


When the cohabitation influences on the assignment pursuant to the Italian law

Before evaluating to start a new cohabitation, it should be appropriate to consider whatever effects this event could have on children’s life. They are indeed the ones to be protected from any possible turmoil.

Practically, the new cohabitation established in the family house must not be a source of stress as well as must not turn out to be a factor of annoyance concerning the psychological development of the children. When it does not happen, the new cohabitation cannot, as a general rule, cause the revocation (revoca) of the of the assignment (assegnazione) of the family house. The decision, by means of which the Judge decides upon the assignment or upon its revocation, indeed, it is always grounded on an assessment, which is focused mainly on children’s interests. Therefore, as long as the family house is recognized as the centre of feelings and customs for the children, the revocation of the assignment is usually not expected.

We should not think that a stable cohabitation does not have any consequences. Quite often, it could be a grounded reason to update the amount of alimony (assegno). Who is obliged to pay alimony, in fact, by means of a legal proceeding before the Italian competent Court, could obtain a reduction of the amount of alimony or even the revocation of alimony. With respect to the family house, instead, the revocation of its assignment could happen in many cases when – for example – the adult children, who have become economically independent, would decide to go to live on their own, or when the minor children would attend a school located far from the family house, which could impose their moving away from the family house. Practically, the revocation of the assignment could happen when the family house is not anymore their nest, their safe haven, the natural habitat for the children.

Marzorati Law Firm is specialised in family law, also internationally, and its lawyers usually deal with separations, divorces, child support and family support. To advise all its clients all over Italy and worldwide, Marzorati Law Firm has also developed a network, made also of at least a barrister/solicitor, an attorney-at-law, an abogado, and an avocat à la cour, all qualified in their respective country of practice.

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