Selling your house in Italy after divorce: find out how to do it

At such a delicate time can seem complicated. (from Italian law)

Selling a property during separation or divorce requires a methodical approach. This guide helps you understand when you can sell, what documents you need, how to manage your mortgage, assignment, price and taxation, and how to get to the final deed without any surprises.

• Joint ownership/co-ownership: the sale requires the consent of both spouses.
• Separation of property: the owner sells; if the other spouse resides there, release times must be managed.
• Assigned family home: the assignment order (e.g. presence of children) grants a right of residence: the property can be sold, but it is encumbered by that right (unattractive). Solutions: waiver by the assignee or new agreement approved and transcribed.

• Repayment with part of the proceeds and cancellation of the mortgage.
• Assumption of debt (internal or external) by the purchaser or one of the spouses, with release from the bank to the spouse who is leaving.
• Subrogation to a single holder.

• Title deed (deed, inheritance) and property regime.
• Separation or divorce decree/approval and any assignment order.
• Urban planning and cadastral compliance, APE (energy performance certificate), floor plans, surveys, condominium certification of expenses.
• RTI – Integrated Technical Report: complete verification that avoids delays in the deed.

• Put it in writing: ownership shares, distribution of proceeds, who pays for what (works, condominium fees, mediation, mortgage repayment, notary fees) and release times. If one party cannot sign at the deed: special notarial power of attorney.

• The price is not “what we want”, but market value. Use real comparables and a verification plan: if no qualified requests arrive within 14–21 days, make a micro-adjustment (3–5%). With an Open House event, concentrate visits and offer collection in one week: less stress, more competition, better price.

• Capital gains: no tax if the property has been your main residence for most of the time between purchase and sale; otherwise, it may be taxed.
• 'First home' benefits: if you sell within 5 years, you avoid forfeiture if you repurchase within 12 months. Transfers between spouses during separation/divorce have special rules: check with your solicitor.
• Local taxes and condominium fees: align balances before the preliminary agreement.

• Proceed step by step: mediation, transparent distribution proposal, clear timelines. If the property is jointly owned and no agreement is reached, judicial division remains (longer times and higher costs). Often, a neutral consultant can resolve the issue first.

• Document collection + RTI
• Valuation with comparables and pricing strategy
• Written agreement on proceeds/expenses
• Mandate and marketing plan (photos/videos, micro-staging, open house)
• Selection of buyers and collection of offers
• Preliminary agreement with clear timelines (mortgage, release, balance)
• Deed and distribution according to agreements

• Can we sell if the house is assigned to my ex-spouse? Yes, but you need to manage or waive the assignment, which must be transcribed.
• I have a joint mortgage: can I get out? Yes, with repayment, assumption or subrogation, and release from the bank.
• Who pays the expenses? Define them in advance: condominium, any work, cancellations, mediation, notary.
• Can we not both be at the deed? Of course, a special power of attorney will be adopted.

Please contact us for further information or to speak with our legal staff at +39 0722 041400 or write to us at office@gambedotti.com.