Legal Question in Family Law in Italy

Disposition of Foreign Property from Divorce

I would like to know the tax & legal implications for the following situation:

1)I am a US Citizen with residence in Italy

2)I am the sole-titled property owner of a piece of Italian real-estate

3)This property was granted to my ex-husband in a US Divorce over 1 year ago

4)Under the direction of the divorce decree, the property must transfer from my name to my ex-husband's name and then he can handle the property as he sees fit

5)My ex-husband is now asking the judge to force me to grant my Power of Attorney for the sale of the property (i.e. the property would be sold with my name on the title)

During the divorce proceedings, I specifically requested that the property be transferred to my ex-husband's name so that I would not be responsible for US capital gains tax. FYI - there will be no capital gains tax in Italy on the property sale. The profits would not be reinvested in foreign property but would be repatriated to my ex-husband.

Also, can a judge force me to grant a POA to my ex-spouse? My ex-husband is requesting the POA to also avoid title transfer charges in Italy - but isn't that something that he should have investigated prior to the final divorce decree?


Asked on 5/25/06, 6:37 am

1 Answer from Attorneys
Luigi Walter Veroi Veroi Law Firm

Re: Disposition of Foreign Property from Divorce

Further you inquire,

firstly it would be necessary to check the US divorce decree;

anyway I assume that no Italian judge can force you to grant your Power of Attorney for the sale of the property, because the US decree must be firstly recognised by the competent Court of Appeal, as the are no Conventions with US in this matter, as there are within European Union.

Hoping that you can understand enough I look forward to hearing from you if you need some more information about.

Avv. Luigi Walter Veroi

Italy

www.veroi.it

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Answered on 5/25/06, 10:12 am


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