Hi, I am about to sign the final

SamC82 Image
05/28/2017 - 13:15

Hi, I am about to sign the final contract on a house sale on Tuesday that has been bought using solely my money but the papers so far are in both mine and my partners names. Is there any way at this late stage that I can just have the property in my name or is it too late to change it? Thanks. 

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Hi,don't actually know your specific situation but I think it could be possible, at least it depends if you already signed the pre-contract and what it is written in there.I have just seen a contract from the 90s that in the pre-contract was supposed to intend a person and in the final contract changed adding two more persons just before te final sign.the best way though is to ask to the "Notaio" who will tell whether you can or not.

To sell a property - in Italy - it is necessary that the sales act, be signed by all those who in the act of purchase, are buyers.In order to ensure that only one of the sellers is a vendor instead of everyone, it is necessary to pre-sell the final sales act, so many sales (or donation if there is a family tie between the owners up to the second degree) Owners selling their share of the property, to only one of the original buyers.In this way, this last and sole proprietor can sell the property as the sole owner and cash the price for itself.

In the early 2000s I bought my place.  My wife and I agreed that, in order to make selling the house easier, and payment of annual taxes like IMU etc, I would be the sole owner.Told the Notary - he had no problem with getting the papers drawn up, but he did request that my wife initialed/signed each page to indicate her agreement to the arrangement.  [But then, he was Italian and we were English, so he probably thouht we were mad]

HI,I have friends in Milan who want to expand their apartment by buying the neighbouring apartment which is for sale. The problem for them is that their neighbour hates them, so they think that their neighbour will not sell to them. Therefore they have persuded their friend to sign the Preliminary and put some cash down on the apartment. Then when the Rogito is signed then they will insert their names on the Atto document drawn up by the Notaio.  All cloak and dagger stuff, but they tell me that they have had the idea checked by lawyers and are convinced that it is possible to do in Italian law. Important for you the verify the wording on your Preliminary of sale

Dear Sam C2,I know it's late to answer now, because you have already signed the contract, but I want to make the idea clear about the Italian law system.In Italy doesn't matter to everyone who is third part if you pay (in cash or by mortgage) the house, the only important thing is what is written down in the paper when you go to the Notaio and you sign the contract. You know, in Italy when you  buy a property you are obliged to use a Notaio, who is a public officer. Afterwords, the selling will be inscribed in public register (the procedeeding is called trascrizione, and from that moment third part can't say they didn't know who was the owner of the house, they can check by public register)..The Notaio asked your wife to sign, even if she wasn't the purchaser, because when you are married and you are in comunione legale (it means that everything that you buy during the marriage belongs automatically to both of them), in order to exclude one house from comunione legale, the wife or the husband (it depends on who is going to purchase) has to sign to give evidence she/he knows about the husband'/wife' purchase and agrees with that. If she/he doesn't sign, she/he could go to the Court and ask to the judge to invalidate the purchase.This is the reason why the Notaio asked to your wife too to sign the contract. Hope I have been clear!