Question: Can a same-sex married couple jointly purchase an Italian property under the matrimonial regime of community of property?
Answer: Although in Italy same-sex marriage is not allowed, a foreign same-sex married couple can buy an Italian property under the Italian rules of community of matrimonial property, which is the default regime applicable to Italian married couples.
In other words, although it is not possible for same-sex couples to get married in Italy, it is possible for a couple married overseas to buy a property in Italy and have their marriage reflected in the Italian property title.
The purchase of a property under the matrimonial regime of the community of property has peculiar legal implications that do not apply in a mere joint property purchase from two people who are not married and are, let’s say, just business partners.
These legal implications are mainly aimed at protecting certain family assets. By default, all the assets purchased, individually or jointly, after the marriage, belong to both spouses, unless they both, before the purchase, expressly elect the matrimonial regime of separation of property to apply to their purchases.
Based on the above, it might appear incoherent that Italy allows Italian property purchase rights to be affected by foreign same-sex marriages, which are not allowed in Italy.
Without getting into the political discussion about same-sex marriage legislation in Italy, the fact is that in 2016 Italy passed a law regulating civil unions of same-sex couples (law 76/2016). Under the civil union legislation, same-sex civil union couples can buy properties under the same rules applicable to the matrimonial regime of community of property applicable to married couples.
The Italian civil union legislation passed after a series of European and national court decision stressing the need for Italy to adopt a legislation aimed at acknowledging and protecting the interests of same-sex couples.
Under this law, it is possible for foreign same-sex married couples, or Italian same-sex couples married overseas, to buy a property in Italy under the matrimonial regime of community of matrimonial.
Our office has successfully assisted foreign same-sex married couples with matters of Italian estate planning and Italian property purchase, including the purchase of property under the matrimonial regime of community of property.
Tab 2 content.
Book a Consultation
*Full refund for cancellations up to 1 hour prior to meeting time.
Contact us
I would like:
• Legal assistance – I am considering paying for legal advice/assistance
• General information – I am not interested in paid legal services
General information
Please find general information on our website using the search field at the top right corner of any page or by using any of the top dropdown menus to see information by subject.
• To share my resume
Send us your resume
If you are fluent in Italian and have an Italian degree, please check available positions in the Italian version of this page
• An interview – I am a journalist, author or content creator
• To share information about my business or services
• To report a website issue
• To leave a comment or suggestion – I am not interested in paid legal services