Legal Question in Real Estate Law in Italy

Divisione in natura co-owned house Italy

I was given a property in Italy by my grandfather some 10 years ago together with 8 other owners who are my cousins. The house is two stories, which are not connected by stairs. Four co-owners representing 50 percent of the shares in the house are threatening us to divide the house, with them getting the downstairs and the remaining getting the upstairs, either by agreement or through the court by seeking partition. Me and my sister want those wishing to divide to just buy us out NOW and resist the division!!! Can the court order them to buy us out as I do not think that a court can just order the house divided in this manner as Italian law says it must be conveniently divided with respect to the shares of the participants?


Asked on 3/09/09, 8:10 am

3 Answers from Attorneys

Andrea Tedioli Studio legale Tedioli

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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Answered on 3/09/09, 10:20 am
Alessandro Bont� Studio Bont�

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.

If you are interested in moving forward legally, you are invited to contact our office at [email protected].

Thank you.

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Answered on 3/09/09, 12:00 pm
Biagio Giancola Giancola Teti & Associati

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

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Answered on 3/10/09, 6:27 am


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