Italy: Legal rulings on child maintenance and property rights

Italian jurisprudence has clarified the legal and fiscal frameworks regarding the use of real estate to fulfill child maintenance obligations and the assignment of family homes during separations.

Under Sentence 663 of 2022, parents may use property transfers as a valid method to ensure the long-term economic stability of their children, moving beyond simple monthly cash payments. Such transfers must be oriented toward the best interests of the minor or a non-self-sufficient adult child. While Article 337-ter of the Civil Code protects these economic agreements, any transfer of real estate to minor children requires mandatory authorization from a guardianship judge. Additionally, Article 19 of Law 74 of 1987 provides for total tax exemptions in these cases.

Regarding the assignment of the family home, the Supreme Court has established that accessory properties—such as cellars, warehouses, or outbuildings—are only assigned to an ex-spouse if they are strictly indispensable to the children. According to Article 337-sexies of the Civil Code, the restriction of a property owner's rights is an exceptional measure. Therefore, the use of secondary structures must be functionally necessary for the children's daily lives rather than based on the personal convenience of the separating spouse.