Legal Question in Real Estate Law in Italy

my husband is one of 5 children with a share in the family apartment in Naples Italy where his sister & brother still reside. They do not pay any rent & have lived there since before their mother passed away 11 years ago. the property is in the name of all 5 siblings. My husband & one of his sisters wishes to sell their share in the apartment but are being stonewalled by the other siblings. Where do they stand legally?

Several months ago through a solicitor based in the north of Italy it was agreed for the brother & sister residing in the property to buy out the other 3, the notario was organised & apparently the money was in place, however after paying travel expenses from abroad the sister & brother pulled out of the transaction & the sale did not proceed.

How can my husband & other siblings extract themselves from this property & get the others to pay them out?


Asked on 4/08/12, 4:22 am

1 Answer from Attorneys
Andrea Tedioli Studio legale Tedioli

Your husband could ask the division of the family apartment with a claim before the Court of Napoli. If the property is "not easily divisible" the local Court will sell the house on the market so each sibling would have the equivalent of his own share. Andrea Tedioli www.tedioli.com

Read more
Answered on 4/08/12, 7:05 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Italy