I am divorced and now want to

pjs Image
06/25/2018 - 11:18

I am divorced and now want to transfer the house in Italy into my name.( I have already bought him out)  Can anyone help? I am not sure but think I have to get the a document in this country (uk) signed in front of a notary by my ex to say he agrees to the transfer. To complicate things I  am also changing my name back to my maiden name. Any help ? Thankyou  



Hi Pjs ,First of all it is necessary to ask the consulate of your country in Italy for a document, in Italian, which shows that you are the same person with the married name and you with the girl's name - if the consulate does not do so, it will be necessary get the document from your town of residence, then have it translated into Italian and provide him with Apostille.With the document you received, you have to go to an office of the revenue agency in Italy, and ask for a new tax code, with the girl's noome, then, always in the same office, you have to ask for an update of the purchase , so that it turns out that the property you have purchased with the surname to move, then results in the name of you with the girl's surname.done thisif the deed of purchase was made in England by an English notary and was not registered with the Italian land agency, the first thing to do is to register - The best thing is to contact an Italian consulate, that will provide to you a list of translators, recognized by the consulate, make the translation, the consulate authenticates its conformity - then you will have to ask for the apostille of this document translated and certified by the consulate.With the document so obtained it would be necessary to go to the office of the agency of the territories and ask for the transcription of the act -Open address a notary who will do it for you .Have a good fun ..

Its not as easy as you would like it to be.  Youve bought out your ex, but Italy doesnt know that.  With your name change, you need to prove to Italy that you are the same person.  Contact Charlotte Oliver at oliverpartners.it , shes English who is an Italian lawyer.    

Truely Modi , but on this manner , she pay many money , and in any case , the required documents from Consulate or UK Municipality , can be asked and maked ONLY by herself  - Charge Charlotte , of to provide it , mean  give  the power of attorney , and pay for  flight to UK ....With the documents issued from consulate or Uk Municipality , she can solve all process , with only a little time , spent at Italian Tax office ( that standardly is attached to agency of therritory in Italy .just in this community, an English lady, has done all this procedure alone, simply following this same guide, in a few days.  

I would like to add a different view here, I feel rather than a lawyer you need only an Italian Notary. You have already "bought your husband out" so you need to register the property transfer as a compravendita by signing a public deed here.The first point of contact I believe should be, if possible, the Notary who witnessed your original deed of purchase in joint names.you and your husband sign this deed (or you could sign on his behalf using a power of attorney which can be signed in the UK but should be drafted by the Notary to ensure it has the right clauses including a clause re conflict of interest).In Italy where there is a property transfer ordered in divorce, this is exampt from tax. I beiieve where the divorce was abroad, this is not exempt, so there would be imposte catastali and imposte ipotecari payable on your husbands share.the same Notary may be able to deal with the name change to your maiden name with an "atto ricognitivo di nome". The Italian Consulate in the UK is not helpful unless you are an Italian citizen!

So, Charlotte , sorry , she say  > I have to get the a document in this country (uk) signed in front of a notary by my ex to say he agrees to the transfer < as for my knowledge - Italian land registry , not  recognizes - sale/purchase deed issued by an UK notary ( notary do not exist in uk ) - Unless the deed of sale has been made and registered with the notary office of the Italian consulate in London --- which could not exist , according to the consular rules issued in 2006, which shows that Italian consulates can lend their services, only  and exclusively, to Italian citizens, living  on the territory of the consulate, and regularly enrolled in the AIRE register ---so let's go back to the principle, which I set out above - If the lady bought, in Italy, with a tax code obtained using a passport where she acquired her husband's surname - and now, being divorced, she has a new passport, with his maiden surname - for the Italian tax administration, she is married and divorced herself - are two people with the same name, but different surname, that is, two different people, with DIFFERENT CODICE FISCALE ! - and as such can not get the transfer of her share of ownership, before having obtained, from the Italian Tax Administration, the change of the  CODICE FISCALE.I apologize for any translation errors .. I am a neophyte, in English  :)   

I advise all my clients non-Italian women to always take the tax code with the maiden name and buy with that tax code - Women, in this way, retain their independence - In Italy, women who marry, not they take more than the name of their husband, for over 20 years.