The answer in brief
Foreign nationals purchasing a property in Italy are required to provide a marriage certificate to ascertain their matrimonial property regime. As the default rule in Italy is “community of property”, it must verified whether, under the law of the country of origin or where the marriage took place, the property purchased will become the sole property of the buyer or whether 50 per cent will automatically belong to the spouse as well.
Here is a clear and detailed legal explanation of this fundamental bureaucratic step.
The crux of the matter: the family property regime
Under Italian civil law, when two people marry, the property regime that automatically applies (unless otherwise specifically declared) is the statutory community of property. This means that any purchase made after the marriage automatically belongs to both spouses in equal shares (50%), regardless of who actually paid for the property.
Therefore, when two married foreign citizens purchase property in Italy, it is necessary to understand the applicable regime under Italian law, and to do so, it is necessary to start with the documents relating to the marriage. This is also necessary in order to properly complete all the formalities following the act of buying and selling.
Private international law: which law applies?
If the purchaser is a foreign national, the situation becomes more complex. Private international law stipulates that property relations between spouses are governed by their common national law or, failing that, by the law of the State in which the marital life is predominantly centred.
The checks to be carried out are as follows:
- verify marital status: ascertain whether the purchaser is single, married, divorced or widowed;
- identify the applicable law: determine which national legislation governs the purchaser’s marriage (e.g. English, American or German law, etc.);
- apply the correct matrimonial property regime: determine whether that specific foreign legislation provides for the equivalent of our community of property regime or whether separation of property applies by default.
If the foreign matrimonial property regime provides for community of property and the purchaser wishes to register the property solely in their own name, the spouse’s involvement in the deed of sale will be required to waive their rights to the property.
How to submit the certificate correctly in Italy
It could be not sufficient to submit a photocopy of the foreign certificate. To be legally valid in Italy, the document must meet specific requirements that could be asked:
- legalisation or Apostille: the original certificate should be legalised by the authorities of the issuing country. For countries that are signatories to the Hague Convention, an Apostille is sufficient;
- sworn translation: the document cpould need to be translated into Italian via a sworn translation certified by a court or certified by the Italian consulate abroad;
- recent date of issue: it is often require that the certificate (or extract) be no more than 6 months old, to ensure that the marital status has not changed recently.
What if the foreign buyer is unmarried?
What if the foreign buyer is unmarried?
If the buyer is single or divorced or a widower, they should still provide proof of their marital status. Depending on their nationality, this is done via:
- certificate of single status issued by their country of origin.
- sworn statement (affidavit), in which they declare, under their own criminal liability, that they are not married.
The Legal Nook Insights
Here we are at the Legal Nook Insights section, the space dedicated to snippets of information, interesting facts and handy tips.
With regard to the documents we’ve been discussing, it’s worth paying attention to timeframes, from two perspectives:
- the time required to obtain them: it’s true that many local authorities and institutions now allow you to request and obtain these documents in a matter of moments with a simple click. Even today, however, this is not always possible; therefore, it is always important to check on a case-by-case basis, as paper copies of documents are not always issued immediately and sometimes involve significant waiting times;
- the validity of the documents: these documents are generally valid for 6 months. It is therefore worth paying particular attention to whether they are still valid at the time of the sale.
Furthermore, there is the question of choosing the best or most favourable matrimonial property regime, whilst always ensuring full compliance with the law. By analysing specific cases, including a review of international law, and based on the buyers’ needs, it is possible to identify the best solution.
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