- The legal regime is community of property, but spouses can choose separation of property even after the wedding.
- The choice is made by public deed before a notary, in front of two witnesses, and is annotated on the marriage certificate.
- Changing regime does not by itself move the ownership of assets already bought: a specific deed is needed for those.
Published on October 12, 2026.
How it works
If you choose nothing, you marry under legal community: almost everything you buy after the wedding belongs to both. With separation of property, each remains the owner of what he or she buys in his or her own name. The agreement between spouses can be made before the marriage or at any time after, by public deed before a notary and two witnesses (arts. 159 and 162 c.c.). It must be annotated in the margin of the marriage certificate, otherwise it is not effective against third parties.
What happens to assets already bought
When you move from community to separation, the community is dissolved and the common assets must be divided or assigned. A home bought under community does not by itself become the property of only one: the asset must be divided or transferred, with a deed that the notary prepares together with the agreement. There may be taxes and costs, to be assessed beforehand.
Creditors
Choosing separation of property only because one of the two has debts can be risky. If the deed harms creditors, they can ask to have it declared ineffective by the clawback action. It works better when the choice is made for a real reason and before debts become a problem.
Frequent case
Frequent case described in general terms: names, places and details do not refer to real people or cases.
A couple married for ten years under community of property opens a shop. One of the two is an entrepreneur, the other an employee. They decide to move to separation of property to keep their estates distinct. At the notary they sign the agreement and sort out the registrations of the home and accounts. The choice is lawful if made transparently and without debts already outstanding.
The best solution for you
- If you have just married: it is usually advisable to decide at once, with the notary, whether community suits the way you work and the way you buy a home.
- If one of the two runs a business: separation of property is often tidier, but by itself it does not protect against creditors: consistent choices on the home, guarantees and companies are needed.
- If you change after years: it is advisable to have the agreement and the division of the common assets prepared together, to avoid a second signature and further taxes.
What to do right away: list the common assets (home, accounts, car, shares) and the debts outstanding, and take them to a lawyer before going to the notary. No route guarantees an outcome.
How Avv. Fiorentino can assist you
- He explains the pros and cons of the two regimes on your case, home and work included.
- He checks that the choice does not expose you to risks with creditors.
- He coordinates the work with the notary you trust: the choice of notary remains free.
Frequently asked questions
Does it cost a lot to change regime?
It depends on what is done with the common assets. The notary can quote fee and taxes: ask beforehand.
Do I need the other spouse’s consent?
Yes. An agreement between spouses is made together, by public deed.
Does separation of property protect me from the other’s debts?
It often helps, but it is not absolute protection. It depends on the timing and the way it is done.
The Firm sees clients in Naples (P.zza Giovanni Bovio 22 and Via Monte di Dio 14), in Rome and in Bari, by appointment, and remotely.
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Sources: Normattiva, Court of Cassation. Author: Avv. Renato Giuseppe Fiorentino, Bar of Naples. Informational text, it does not replace an opinion on your case.
Main page for this subject: Separation and divorce in Naples: all the guides and how to contact the Firm →
(Read also): Legal guides from Studio Legale Fiorentino · Prenuptial agreements: are they valid in Italy? What the Court of Cassation says · Separation and divorce: the three routes, the timing and what to do before deciding
Translated from the Italian original; updated on October 18, 2026.
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