Frequent case · A problem that often arises. Frequent case described in general terms: names, places and details do not refer to real persons or files.
Giving the home to your children and keeping the usufruct allows you to remain living in the home. But the gift can create problems: while the usufruct lasts the children can sell the bare ownership, but the market is limited because the buyer does not enjoy the property right away, and the other heirs can challenge the gift after your death. Before signing it is advisable to consider alternatives.
The case: a gifted home and an excluded sibling
A mother from Piano di Sorrento gives the home to one of her two children and reserves the usufruct. The other child discovers the gift and fears receiving nothing when she dies.
What usually happens
With the gift, ownership passes to the child immediately, while the mother uses the home as long as she lives. On her death the usufruct ends. If the gift infringed the share reserved to the other child, they can request reduction of the gift. For successions opened after 18 December 2025, whoever buys a property received as a gift no longer risks having to return it (art. 563 of the Italian Civil Code, as amended by Law 182/2025): the limit remains the usufruct, for as long as it lasts.
The best solution for you
- Before giving: assess the effect on the other children with a lawyer.
- Alternatives: a will, or a sale in exchange for a lifetime annuity.
- If you have already given: keep the evidence of the value of the home and of the assets.
What to do right away: gather the deed of gift, land registry searches and valuations. No route guarantees an outcome.
How Avv. Fiorentino can assist you
- Compare gift, will and other routes.
- Calculate the share due to each child.
- Assist with an agreement between siblings.
Frequently asked questions
Can I revoke the gift? Only in limited cases.
Can the child sell the home? Yes, but the usufruct remains and the pool of buyers is smaller; the gifted origin, for successions opened after 18 December 2025, is no longer an obstacle.
Learn more: reserved share · inheritance and gifts.
Read also: Home given to children with reservation of usufruct: how much it counts in the calculation of the reserved share · Giving the home to your children to protect it: the risks you need to know
(Read also): Legal guides from Studio Legale Fiorentino · Gift of an apartment in Chiaia: when it can infringe the other children’s reserved share · Giving the home to your spouse: when it is worthwhile and what the risks are
Author: Avv. Renato Giuseppe Fiorentino, Naples Bar · Updated on October 18, 2026 · General guidance text, written with the aid of artificial intelligence tools. It does not replace a consultation on your case.
Translated from the Italian original; updated on October 18, 2026.
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