In 30 seconds
- Under Law No. 182/2025 (in force since December 18, 2025) whoever buys a home that the seller received as a gift no longer risks having to return it to the donor’s heirs.
- The bank’s mortgage remains valid: gifted origin is no longer an obstacle to the mortgage loan.
- For successions opened before December 18, 2025 the deadline to rely on the old rules expired on June 18, 2026: only registrations made in time count.
- Before signing, it is enough for the notary to check the property registers.
Updated on October 18, 2026. The legislation must always be checked against the text in force.
Have you found the right home, but discovered that the seller received it as a gift from a parent or relative? Until recently this circumstance held back many buyers and banks were often reluctant to grant the mortgage loan. Today this is no longer the case. This guide explains what has changed with Law No. 182/2025 and which checks to make before the purchase.
The old problem: the action for reduction
Imagine that a father gives a home to only one of his two children. If that child sold it to you, the other child could, under the old rules, bring the action for reduction and ask for the property to be returned even by you, who had bought and paid for it. For this reason the purchase of a gifted home was long considered risky.
The reform: what changes for the buyer
With the reform of articles 561, 562 and 563 of the Civil Code, whoever buys a gifted property is no longer exposed to return of the asset. If the heirs consider they have received less than they should, they can ask for compensation in money from whoever received the gift (the donee), not for the home from whoever bought it. The mortgages placed by the donee, such as that of the bank financing the purchase, also remain valid.
One exception remains: if an application for reduction is already registered in the property registers when you buy, the purchase is not protected (art. 563 c.c., which refers to art. 2652, no. 1). For this reason the notary always checks the registrations before the deed.
Older successions: the deadline expired on June 18, 2026
What matters is the date of the donor’s death, not that of the gift. If the donor is alive, or died after December 18, 2025, the new rules apply.
If the donor died before December 18, 2025, the old rules remained valid only if, within six months of the law’s entry into force (that is, by June 18, 2026), the heirs had served and registered an application for reduction or a notice of opposition to the gift. Failing that, from that date the new rules apply here too. Today it is therefore enough to check whether the registers show one of these registrations.
Is the insurance policy still needed?
Before the reform many buyers took out a policy against the risk of having to return the home. Under today’s rules the policy loses much of its usefulness. It may make sense only in the residual cases in which the registers show an application for reduction or an opposition registered in time. If one is offered to you, ask first to check the registrations.
Frequent case · A problem that often arises
A couple wants to buy an apartment. The seller received it as a gift from their mother, who is still alive, and has a sister. Before the reform the couple’s bank asked for extra guarantees.
Today the mother is alive, so on her death the new rules will apply. If the registers show no registered applications for reduction, the couple can buy and the bank can register the mortgage. Any dispute with the sister will concern only the seller.
Frequent case described in general terms: names, places and details do not refer to real persons or files.
Related guides
- Home received as a gift: sale and mortgage after the 2025 reform
- Inheritance and confiscated properties: if you do not occupy the home, the occupation indemnity is not due
- An unfair inheritance: action for reduction to recover the reserved share
- Gifts in Naples: advice on the deed, risks and revocation
The best solution for you
The possible routes
- buy the gifted home after checking the registrations;
- if the registers show an application for reduction or an opposition made in time, stop and ask for an opinion before signing;
- if you are the one selling a home received as a gift, first calculate how much you might have to pay to the other heirs.
Which one usually makes sense and why
It usually makes sense to buy without fear, after the notary’s check. Under Law No. 182/2025 the buyer is protected and the risk remains only in the few cases with registrations already present.
What to do right away
- ask the seller for the deed of gift;
- check whether the donor is alive or the date of death;
- ask the notary to check the registrations in the property registers.
No route guarantees an outcome: every situation must be assessed on the documents of the specific case.
How Avv. Fiorentino can assist you
- We read the deed of gift and the registrations before you sign the preliminary contract.
- If you sell a gifted home, we estimate what you might have to pay to the other heirs.
- We work with the notary chosen by you, who remains an autonomous office.
The Firm offers consultations remotely as well, with online documents, and gives you a written quote before the engagement. It sees clients by appointment in Naples, Rome and Bari.
Frequently asked questions
Can I buy a home that the seller received as a gift?
Yes. Under Law No. 182/2025 the buyer does not have to return the home to the donor’s heirs. The notary only checks that the registers show no applications for reduction or, for donors who died before December 18, 2025, oppositions registered in time.
Will the bank give me the mortgage loan?
Gifted origin is no longer an obstacle: the mortgage registered on the home remains valid even if the heirs request reduction. The bank nevertheless assesses the client and the property under its own rules.
What is the action for reduction?
It is the action by which the forced heir who considers their share infringed asks for excess gifts to be reduced. Today it leads to compensation in money payable by the donee.
What were the 6 months provided for by the reform?
For successions opened before December 18, 2025, the old rules remained valid only if the application for reduction or the notice of opposition was served and registered by June 18, 2026. That deadline has expired.
Is an insurance policy still needed?
Usually not any more. It may make sense only if the registers show applications for reduction or oppositions registered in time.
Sources: Normattiva, Law of December 2, 2025, No. 182, art. 44; artt. 561, 562, 563, 2652 and 2690 c.c. Author: Avv. Renato Giuseppe Fiorentino, Naples Bar. Updated on October 18, 2026. Informational text, it does not replace an opinion on your case.
(Read also): Legal guides from Studio Legale Fiorentino · Giving the home to your children to protect it: the risks you need to know · Gift to children with usufruct in Piano di Sorrento: what happens next
Translated from the Italian original; updated on October 18, 2026.
Do you have a similar issue?
Every situation depends on the documents of the specific case. You can contact the firm from anywhere, remotely.