Legal Question in Real Estate Law in Italy

Re: Divisione in natura co-owned house Italy

If You read Italian, You could find all information You need sub art 784-791 c.p.c. The Italian Court can only divide the house in parts. Judges can order a compulsory sale if the house can not be conveniently divided with respect to the shares of the participants. It means that if it's impossible to draw up a project of division that recognizes equal rights to all owners (some can receive money to balance the loss of meters), the Court can sell the entire proprety. It takes years to end the trial.

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Re: Divisione in natura co-owned house Italy

Dear Sir,

To answer your question, yes, a judge can order to have the others pay out your share. He also has the power to order a division or not, but it is not clear in this case which decision would be made.

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Re: Divisione in natura co-owned house Italy

Dear Sir/Madam,

article 713 of Italian Civil Code (ICC) provides that co-heirs can always ask for partition. However, according to article 720 of ICC, when the property cannot be easily divided (which is your case, since you are 8 people), it should be assigned to one (or more) of the heirs, who are willing to pay the difference or renounce other properties (if any) coming from the inheritance. Should no agreement be reached on this matter, an auction would be required. On the contrary, in the event of agreement, a public deed of partition would be sufficient (see article 730 of ICC). Best regards. Avv. Stefano Teti