Separazione dei Beni (Separation of Property)

The marital property regime where each spouse’s assets remain separate and individually owned. If a couple chooses separazione dei beni (usually at the time of marriage or by later notarial agreement), properties each spouse acquires stay with that spouse, rather than falling into communal ownership. This choice is often formalized in the marriage certificate. For real estate, this means if one spouse buys a house, it’s 100% theirs and not automatically half the other’s (unlike comunione dei beni). Many foreign couples opt for separazione when buying in Italy to simplify matters. In a deed, if two spouses under separation regime are buying together, each one’s fractional share must be specified (e.g., 50%-50%). If only one is buying, the notary will mention the marriage regime to clarify the other spouse has no rights. Under separazione, at divorce each keeps what is theirs (though this doesn’t affect maintenance or other claims). Note that separation of property does not override forced inheritance rules – a spouse is still a forced heir by law. When taking a mortgage, banks sometimes prefer separazione because the non-debtor spouse’s existing assets are not at risk for the other’s debt. Italian couples by default since 1975 are in comunione, so separazione must be explicitly chosen; about 1/3 of Italian marriages now opt for separazione beni.