Italy: Jointly owned homes at risk of foreclosure for single spouse debts

Under Italian jurisprudence, a family home held in legal communion can be subject to foreclosure to satisfy the debts of only one spouse. According to the Court of Cassation (Sez. 3, n. 150/2023), marital communion is defined as a 'communion without shares.' This means spouses do not own an ideal half of the property each, but rather both own the entire asset jointly and solidarily.

Consequently, a creditor seeking to recover funds from one partner may target the entire property rather than just a portion. This technicality of the matrimonial property regime means that even if one spouse is not responsible for the debt, the shared residence remains at risk of forced execution and auction.