- The gift of a property to a spouse is made by public deed before a notary and in front of two witnesses.
- If the couple later separates, the gift is not undone: the home stays with the other spouse, except in particular cases.
- Before giving, check debts, mortgages and the children’s rights.
Published on October 12, 2026.
How it is done and how much it costs
The gift of a property requires a public deed with two witnesses (art. 782 c.c.). As for taxes, as a rule gift tax applies between spouses with a very high allowance; mortgage and cadastral taxes are then due, in a fixed amount. The amounts and the changes to inheritance and gift tax scheduled from 2027 should be checked with the notary against the official source (Revenue Agency) on the day of the deed.
Next question: And what if the home has to be transferred to the spouse during the separation itself? Read Consensual separation: can the home be transferred to the other spouse or to the children without a notary?.
What happens if the couple separates
A gift is final. If the couple separates or divorces, the donor cannot take the home back for that reason alone. There are remedies only in specific cases, such as ingratitude or infringement of the rights of the children who are forced heirs. For this reason, before giving, it is worth asking whether the couple is stable and whether another instrument, such as a will or joint ownership with shares, would be better.
Beware of debts and children
If you have debts, the gift can be attacked by creditors through the clawback action. If you have children, especially from a previous marriage, the gift can be reduced after your death if it infringes their reserved share. These are the two most frequent risks.
A frequent case
A frequent case described in general terms: names, places and details do not refer to real persons or files.
A husband registers the home in his wife’s name because he is an entrepreneur and wants to reassure the family. Two years later the company has problems with the bank. The creditors challenge the gift, because it took place when the debts already existed. Protection is stronger when the gift precedes the debts and is not made to remove assets.
The best solution for you
- If you want to protect your spouse without losing the home: a will or a right of habitation, more reversible than a gift, is often worthwhile.
- If you have debts or run a business: it is better not to give now and to look first at instruments such as the family assets fund (fondo patrimoniale), with the appropriate precautions.
- If you want to give anyway: first carry out a mortgage check, consider the children and include in the deed all the necessary clauses, with the notary.
What to do right away: Ask for the mortgage and cadastral search on the home and make a list of debts, mortgages and children, then discuss it with a lawyer before the notary. No route guarantees an outcome.
How Avv. Fiorentino can assist you
- He checks whether the gift is the right route or whether a more prudent one exists.
- He checks the risks with creditors and children.
- He coordinates the deed with the notary you trust, leaving you free to choose.
Frequently asked questions
Can I get the gifted home back if we separate?
In general no. The gift remains valid. Action can be taken only in particular cases, to be assessed with a lawyer.
Is it better to give or to make a will?
It depends. A will can be revoked, a gift cannot. In a family with children from a first marriage a will is often more prudent.
Are two witnesses always needed?
Yes, a gift requires a public deed with two witnesses.
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Read also
Gifts in Naples: risks, forced heirship and how to protect yourself
Ordinary clawback action: how to bring it and how to defend yourself
(Read also): Legal guides from Studio Legale Fiorentino · Parents helping their child buy a home: loan or gift? · Succession and gifts: how to plan right away
Sources: Revenue Agency, Normattiva. Author: Avv. Renato Giuseppe Fiorentino, Naples Bar. 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 →
Translated from the Italian original; updated on October 18, 2026.
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