Marital Home Assigned to the Ex-Wife: Can It Be Sold? 

Marital Home Assigned to the Ex-Wife: Can It Be Sold? 

When a marriage ends, one of the most delicate issues concerns the family home—especially when children are involved and the property is jointly owned. If the house is assigned to one spouse, can the other still sell it? The answer lies in balancing property rights, child protection, and third-party safeguards. 

Why Is the Family Home Assigned to One Spouse? 

The assignment of the marital home is not a benefit for the spouse but a protective measure for children. Judges aim to preserve the children’s stability by allowing them to remain in their familiar home. 

Legally, this assignment creates a personal right of habitation, not a property right. It is strictly connected to the presence of minor or financially dependent children and limits the availability of the property for the other owner. 

Does Home Assignment Affect Maintenance Payments? Yes. The economic value of living rent-free is considered when determining maintenance. 

Example: 

If the home is assigned to the parent living with the children, the judge may reduce the maintenance paid by the other spouse, since the assigned parent already benefits economically.

Can a Jointly Owned House Still Be Divided? 

Yes. Even if the home is assigned to one spouse, the other may always request division of the jointly owned property. Ownership cannot be suspended indefinitely. 

However, division does not cancel the right of habitation. That right continues to burden the property and remains effective even after division or sale. 

Example: 

If the house is sold following a division, the buyer must respect the assigned spouse’s right to live there with the children. 

Is the Buyer Bound by the Assignment? 

Yes. The buyer must respect the assignment order. 

According to the Supreme Court’s United Chambers: 

• The assignment is enforceable against third parties for 9 years, even if not recorded. 
• If the assignment is recorded in the land registry, it remains effective beyond 9 years, as long as the conditions persist (e.g. until the children become financially independent). 

Example: 

Even if a property is sold at auction, the buyer cannot evict the assigned spouse and children until their right of habitation expires.

Does Assignment Reduce the Property’s Value? Yes. A property subject to a right of habitation has lower market value than a vacant one. 

When a judge orders a sale, a court-appointed expert (CTU) must consider all legal constraints, including the assignment. The valuation will therefore be reduced. 

Example: 

• Vacant apartment: €200,000 
• Same apartment with a 10-year habitation right: approx. €160,000 This reduced value reflects the buyer’s inability to use the property immediately. 

Why Must the Value Be Reduced? 

Ignoring the reduction would create unfairness between co-owners: 

• The non-assigned spouse would be compensated as if their share were free, when it is not. 
• The assigned spouse would overpay to buy the other share of a property they already occupy. 

The valuation must reflect the actual legal condition of the property. This approach is consistent with similar situations, such as the surviving spouse’s right of habitation under inheritance law, where bare ownership is always valued less than full ownership.

Conclusion 

Yes, a marital home assigned to the ex-wife can be sold or divided, but the assignment continues to protect the children and limits the buyer’s rights. The law ensures fairness by enforcing the right of habitation and adjusting the property’s value accordingly—balancing ownership rights with family protection. 

VGS Family Lawyers is a law firm that offers assistance to English-speaking clients with interests in Italy. In case you need assistance, please write to: info@vgslawyers.com.