Italian law affirms non‑owner spouse's right to stay in the family home during separation

Under Italian family law, ownership of a house does not give a spouse the unilateral right to exclude the partner during a separation. Even when the property is registered in one spouse's name, the other acquires a protected “qualified detention” right to continue residing there until a judge orders otherwise. Changing locks or barring entry without a court decision is considered an unlawful act and may expose the offending spouse to civil liability.

When couples opt for a consensual separation, the agreement must cover the allocation of the family home, child custody, maintenance and division of assets. The law allows the parties to negotiate with lawyers or before the mayor, and the agreement remains binding as long as both spouses uphold it. Revoking consent makes the court petition ineffective. The procedural fee is modest (approximately €43), but the quality of the written pact determines its long‑term effectiveness.

These provisions aim to balance property rights with the protected household interest of both partners, preventing impulsive actions that could leave a spouse homeless during the contentious phase of divorce.