When buying a house, two spouses must think about the header of the property and the consequences of this choice. It is always necessary to carefully weigh every aspect and decide whether to register the house for both or only for a spouse. However, the choice is not irreversible, since even if the house is registered to only one, you can still make a donation (of half or all the property) to the other spouse, or to the children for example.
How to make a home for your wife or children? To make a well-considered decision, therefore, it is good to know the legislation first, and then draw conclusions in the common interest of the family. Let’s see how, in the Italian legal system, the succession of goods works.
a) If the house belonged to the husband before the wedding, he can dispose of it (sell or give it) but his wife and children can try to prevent it.
b) If husband and wife are in separation of property and the house was purchased after the marriage, it is as in point a.
c) If husband and wife are in a legal partnership, the house already belongs to the wife for 50%, even if it is registered only to the husband. Even in the event of the sale or donation of the property in life, the consent of the wife is required.
In the absence of a will, in the event of the death of the father, the house and property are divided in this way:
1. If there are children and spouse: if there is only one spouse and one son, half goes to the son and half goes to the spouse. If there are multiple children, two thirds go to them (they will divide equally) and one third to the spouse.
2. If there are only children: they are entitled to 100% of the inheritance, to be divided among them in equal parts.
3. If there is only the spouse: he has the right to all the inheritance.
For hereditary purposes, it is indifferent that there was a communion or separation of property, the above rules apply.