Lawyer Alessandro Zanetti
Case Study
The study recently dealt with the case of two spouses, separated for several years, with unresolved property and personal relationships related to the normal course of the marital relationship, but also arising after the crisis of the union.
The wife, believing that the allowance paid by her husband for child support was insufficient due to increased age-related needs, had begun to place continuous restrictions on the father's exercise of visitation rights.
The husband, for his part, had experienced a long period of economic hardship after the separation. Exasperated by the situation, the husband, at first, had begun to pay the maintenance allowance piecemeal, and then, as the quarrels with his wife became more acute, had stopped paying it completely, thus accruing a very substantial debt. He had, before marriage, made a down payment for the purchase of the family home and paid the premium for a life insurance policy whose beneficiary was his future wife. During the constancy of the same, he had paid premiums for two other life insurance policies in his wife's name.
The wife, living in the joint family home, had taken over the payment of the mortgage until it was paid off. Meanwhile, the children had achieved economic self-sufficiency.
At the outcome of negotiations, the agreement was reached through the transfer to the wife of the 50% ownership interest in the former marital home and the reimbursement of the policies in favor of the husband.
The transaction was carried out in the divorce where the revocation of the maintenance allowance was established and the transfer of the share of the property was arranged in court; therefore, without the presence of the notary.
The firm therefore, after having received the verification of the urban and cadastral regularity of the property, ascertained the provenance and the non-existence of prejudicial, prepared the appeal for the dissolution of marriage and assisted the spouses in the procedure that allowed them to permanently cease any reason for conflict through the aforementioned real estate transfer.
The goal was achieved with the least possible economic expenditure, given that of Art. 19 L. 74/1987, provides that acts carried out between spouses in execution of separation or divorce agreements are exempt from taxation, where - these acts - are aimed at defining in a (tendentially) stable way the marital crisis.