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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34581
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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MY BROTHER AND I HAVE A FAMILY PROPERTY IN ITALY THAT OUR MOTHER

Resolved Question:

MY BROTHER AND I HAVE A FAMILY PROPERTY IN ITALY THAT OUR MOTHER HAS GIVEN US AS A DONATION (GIFT) THE CONTRACT STATES THAT UNTIL SHE IS ALIVE WE CANNOT SELL WITHOUT HER CONSENT. MY BROTHER(DUAL NATIONALITY) IS GOING THROUGH A DIVORCE WITH HIS WIFE(BRITISH) IN THE UK,HIS WIFE IS WANTING TO CLAIM HALF OF HIS HALF OF THE PROPERTY. I BELIEVE THAT ITALIAN LAW STATES THAT WHEN A PROPERTY HAS BEEN GIVEN AS A GIFT OR AS INHERITANCE SPOUSES HAVE NO RIGHTS TO CLAIM IN THE EVENT OF A DIVORCE, BUT WE DONT KNOW THE BRITISH LAW ! HAS HIS WIFE THE RIGHT TO MAKE A CLAIM ON OUR HOUSE IN ITALY ? IF SO WHAT CAN WE DO TO PREVENT THIS HAPPENING ?OUR PARENTS WORKED HARD ALL THEIR LIVES TO LEAVE US THIS !MANY THANKS, MORENA.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What other assets do your brother and his wife have?
Clare
Customer: replied 2 years ago.

My brother has a small business together with a partner,and will try to sell the house (which the wife is still living in)I don't think he has been keeping up payments so it may need to go back to the bank !!!

Our other option would be for him to put his half of our mothers house in Italy in , my name so that the house would belong to me only, then once their divorce has gone through he would get his half back from me. Would this be a good option in your opinion ? and what power does she really have to claim part of a property in Italy that belongs to me and her husband ? please ask again if there is anything else you must know

Expert:  Clare replied 2 years ago.
Hi
His wife will not be awarded half of the Italian property,
However the fact that your brother does have an interest in the property may mean that his wife will get a larger share of the Uk assets.
There is no action that can now be taken which will change that
I hope that this is of assistance - please ask if you need further details
Clare
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