Exclusive and Super Exclusive Custody: Prerequisites
The court grants exclusive custody when it deems that shared parenting does not protect the child, based on concrete and assessable circumstances. Exclusive custody is established when a parent fails to care for or educate the child, does not meet the child’s needs, has been convicted of serious crimes, is dependent on alcohol or drugs, […]
The Right to Bilingual Parenting as a Child’s Right
On May 7, 2024, the Italian Supreme Court clarified the criteria governing the right to bilingual parenting for minor children, particularly in cases where the children are relocated a considerable distance from the father’s residence. This ruling emphasized the child’s right to maintain balanced and continuous relationships with both parents, in accordance with Article 337-ter […]
Can You Sell an Inheritance?
Accepting an inheritance can come with both benefits and liabilities. To avoid the risk of personal assets being seized due to debts left by the deceased, an heir can choose to accept the inheritance with the benefit of inventory. This option helps the heir avoid the confusion of personal and inherited assets, protecting personal property […]
Transferring Bank Accounts to Children: How to Minimize Succession Taxes
Transferring a bank account to a child involves careful consideration of succession taxes in Italy. Our reader seeks guidance on how to transfer assets to their child while minimizing tax implications. Here’s a detailed exploration of the process and considerations involved. In Italy, both donations and inheritances are subject to similar tax regulations to prevent […]
Division of Marital Assets in Case of Separation: Understanding Legal Implications
In case of separation, the division of marital assets depends on the chosen matrimonial regime, either community property or separate property, established before marriage. During judicial separation, when no agreement is reached between spouses, the division varies significantly. Under community property, assets acquired post-marriage are shared, excluding pre-existing assets, donations, and inheritances. Joint bank accounts […]