When you marry, the law applies a property regime: if you choose nothing, it is community of property. With separation of property, instead, each spouse remains the owner of what he or she buys. The difference matters for buying the home, for debts, for separation and for inheritance.
In 30 seconds
Under legal community of property, as a rule purchases made during the marriage belong to both in equal shares, even if only one signs. What remains personal: assets owned before the wedding, gifts and inheritances received, and a few other assets listed by law (art. 179 c.c.). Under separation of property each spouse owns what is registered in his or her name. You can choose at the wedding or change later by a deed before a notary. The regime also matters when one of the two dies: it changes what enters the estate.
Updated on October 15, 2026.
Legal community of property: how it works
Purchases made by the spouses, together or separately, after the marriage fall into the community (art. 177 c.c.). The same applies to the unconsumed fruits of personal assets and to the proceeds of separate activity not spent at the time of dissolution. For assets in the community, the consent of both is needed for acts that go beyond ordinary administration. Each spouse has an ideal half, but cannot sell “his or her share” of an individual asset.
What remains personal
- Assets owned before the marriage.
- Assets received by gift or succession, unless the donor or testator provided otherwise.
- Assets for strictly personal use and those needed for the profession.
- Assets bought with the proceeds of the sale of personal assets, if this is declared in the deed with the participation of the other spouse (art. 179 c.c.).
A frequent case is the home paid for with the parents’ money: see whether it enters the community.
Separation of property
It is chosen by a marriage agreement, made by public deed before a notary with two witnesses, or by a declaration in the marriage certificate. Each spouse administers and disposes of his or her own assets, and answers with them for his or her own debts. Those who choose separation of property therefore do not share ownership of what is acquired during the marriage, unlike what happens under community. If it is unclear to whom an asset belongs, the law presumes common ownership in equal shares (art. 219 c.c.), but proof of the purchase makes the difference.
The differences that matter
- Buying the home: under community the property belongs to both even if only one buys; under separation it belongs to the person in whose name it is registered.
- Debts: under community, debts taken on in the interest of the family can burden the common assets; see the spouse’s debts. Under separation, as a rule the person who signed is liable.
- Separation of the spouses: the community is dissolved and the assets must be divided; see when the community ends. Under separation of property there is nothing to divide, but questions remain about the home and maintenance.
- Children and family home: if there are children, the family home is as a rule assigned to the parent with whom they live, regardless of the property regime and of who the owner is; see assignment of the family home.
- Businesses and professions: the community also covers businesses run together and unspent income; with risky activities, many choose separation to keep assets distinct.
- Inheritance: when one of the two dies, the deceased’s personal assets enter the estate in full; of the assets in the community, only the share that belonged to him or her enters. See below community and inheritance.
Can the regime be changed?
Yes, at any time, by an agreement before a notary, then annotated in the margin of the marriage certificate. Future purchases change; for past ones you must regulate what happens to the assets already in the community. See how to change regime after the wedding.
Community of property and inheritance
Many disputes between heirs start here. With the death of a spouse the community is dissolved. Half of the common assets stays with the surviving spouse. The other half enters the estate and is divided among the heirs. The deceased’s personal assets enter the estate in full.
- Spouse and children: the law reserves for them a share of the estate, which the will cannot reduce; see the reserved share.
- Family home: as a rule the surviving spouse can stay on living in the home; however, how it is registered and whether there are other heirs both matter.
- Gifts during life: a gift from the parents to only one of the spouses does not enter the community, but may count in the division among the children.
- Several heirs: if assets remain in common among several people, sooner or later a division follows; see division of the estate.
For the general picture see the page lawyer for succession and gifts in Naples.
Frequent cases
These are problems that happen often. Names, places and details do not refer to real people or cases.
Frequent case · A problem that happens often
Typical case described in general terms: names, places and details do not refer to real people or cases.
The home bought by only one spouse. A couple married under community buys a home in the husband’s name, and he is the only one to sign the mortgage. After a few years he has problems in his business and a creditor asks to seize. The wife discovers only then that the home, being in the community, is at the centre of the issue.
What it is advisable to do: before an important purchase, talk about it and choose the regime with an adviser. After the problem arises, you need to check how the home is registered and which debts are at stake.
Frequent case · A problem that happens often
Typical case described in general terms: names, places and details do not refer to real people or cases.
The parents’ gift for the home. Her parents give the children a sum to buy a home. The purchase deed is signed by both and says nothing about the origin of the money. Years later, with the separation, she would like to get back the part paid by her parents. Without a declaration in the deed, proving it is difficult.
What it is advisable to do: when money arrives from the family, put it in writing at once (gift or loan, in writing) and declare it in the purchase deed. If this was not done, collect bank transfers and documents: see the guide on the home paid for with the parents’ money.
Frequent case · A problem that happens often
Typical case described in general terms: names, places and details do not refer to real people or cases.
The husband dies and the home was in the community. The man leaves his wife and two children from a previous relationship. The home was in the community. The wife thinks she is now the sole owner. In fact half of the home was already hers. The other half enters the estate and must be divided between her and the children, according to the shares set by law.
What it is advisable to do: put the documents in order (purchase deed, will if there is one, bank statements), talk with the children and look for a division agreement before reaching court. See division of the estate.
Frequent case · A problem that happens often
Typical case described in general terms: names, places and details do not refer to real people or cases.
The business debt. A couple under separation of property runs a shop registered in her name. The business goes badly and debts to suppliers remain. The husband thinks he risks nothing. As a rule he is right, because the person who signed is liable. But if in the previous years he received assets from his wife without reason, the creditors can challenge those transfers.
What it is advisable to do: keep contracts and registrations in order, do not move assets at the last moment and ask for an opinion before signing. See what is lawful and what is fraud.
More frequent cases on inheritance, wills and gifts: all the frequent cases on succession and gifts.
Frequently asked questions
What is the regime if I have chosen nothing?
Legal community of property, for marriages celebrated after the family law reform, unless a different choice is made.
What is separation of property?
It is the opposite regime to community: each spouse remains the owner of the assets he or she buys, even during the marriage. It is chosen by an agreement before a notary, at the wedding or later.
Does separation of property protect against the spouse’s debts?
It keeps the estates distinct, but it is not absolute protection: registrations made to evade creditors can be challenged. See what is lawful and what is fraud.
With children, does the home go to the owner?
No, as a rule the assignment of the family home follows the children and does not depend on the property regime.
Does an inheritance or a gift enter the community?
No, as a rule it remains a personal asset of the person who receives it. What does enter the community, when the community is dissolved, are the fruits that have not been spent.
What happens to the community if a spouse dies?
The community is dissolved. Half of the common assets stays with the surviving spouse, the other half enters the estate. See above community of property and inheritance.
Can I change regime if we are already in separation proceedings?
The regime is changed by notarial deed and the agreement of both is needed. In a crisis that is already open, it is better first to clarify with an adviser what changes for the assets purchased.
How much does it cost to change regime?
The notarial deed and the annotations are needed; the costs depend on the notary. I do not give figures, because they vary.
The best solution for you
The possible routes
Remain in legal community; move to separation of property; use specific instruments for individual assets.
Which one usually suits and why
There is no absolutely best regime. Community protects more the spouse who looks after the family; separation suits those with risky activities or distinct estates. It is better to decide before important purchases, not after a problem. If you are thinking about inheritance, what you want to leave to the children and to the spouse also matters: a clear will avoids disputes.
What to do right away
Check from the marriage certificate which regime applies and how the main assets are registered. Keep safe the purchase deeds and the documents on money received from the family.
No route guarantees an outcome: each case must be assessed on the documents.
How Avv. Fiorentino can assist you
The Firm offers consultations remotely as well, with documents sent online. The quote is in writing and arrives before the engagement. I see clients by appointment in Naples, Rome and Bari.
If the couple’s crisis is already open, also read separation and divorce in Naples: court, timing and routes.
Sources: Normattiva (Civil Code, arts. 159, 177, 179, 219), Court of Cassation. Author: Avv. Renato Giuseppe Fiorentino, Bar of Naples. Informational text, it does not replace an opinion on your case.
Related guides
- Community or separation of property: can it be changed after the wedding?
- When the community of property ends in case of separation
- Assignment of the family home after separation
- Home bought with the parents’ money: does it enter the community?
- The spouse’s debts: is the other liable too?
- Reserved share: what belongs to spouse and children
- Frequent cases on succession and gifts
(Read also): Legal guides from Studio Legale Fiorentino · Community or separation of property: can it be changed after the wedding? · Prenuptial agreements: are they valid in Italy? What the Court of Cassation says
Translated from the Italian original; updated on October 18, 2026.
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