A property transfer query I hope

Neilferguson Image
09/27/2017 - 02:23

A property transfer query I hope someone can give me some guidance on...i bought a property in Italy in 2008 with my wife at the time .we have just divorced and as prt of the settlemt she is to give me sole ownership of the house  so I need to transfer her 50% into my name .i live in Australia and do not want o have to travel to italy.any guidance as to process greatly appreciated. 



I just wanted to add what the last member posted. You will need also to instruct a Notary in Italy, there will need to be a deed of transfer from one spouse to the other signed and registered here. The Notary in Australia could not perform the transfer deed but could witness a power of attorney nominating a person to sign the deed here. The transfer will have to be either be in the form of a donation or a sale, and property taxes will be payable as well as Notary fees, so I do agree that this will be costly, did the divorce order specify who would pay the costs of this? Tranfers on divorce are exampt from tax in Italy, but this does not apply to a divorce if it took place overseas.  

It is true that in theory a deed signed abroad can be deposited in Italy through a Notary here, but normally an overseas based Notary is not on the albo of Italian Notaries and will not be recognised as a public official in Italy therefore the property transfer deed will not be considered an atto pubblico and this may also effect it being registered "transcritto" on the Registri dei Immobili.So even if it is possible, which I doubt, I wouldnt advise someone to effect a property transfer in this way. It could come back to haunt him when he tries to sell.