Buying in Italy as a couple: whose name goes on the deed (and why it matters)

Married couples: the regime question

Italian law distinguishes comunione dei beni (community of property: purchases during marriage belong to both, regardless of who signs) from separazione dei beni (each owns what they buy). Foreign couples bring their own national regimes, and the notary must reconcile them — often via EU rules on matrimonial property. Tell the notary early which regime applies to you and what you want: the deed can often accommodate it, but not retroactively.

Unmarried partners

Italy gives unmarried partners little automatic protection: no inheritance rights, no default share. If you buy together, the deed's ownership shares (50/50, 70/30...) are the protection — make them reflect reality, including who funds what. If one partner buys alone, the other has no claim: decide consciously, not by default.

The inheritance angle nobody enjoys

Italian forced-heirship rules (legittima) reserve shares of an estate to spouses and children — and for property in Italy, Italian and EU succession rules interact with your national law in ways worth planning. Buyers with children from previous relationships, or planning to leave the home to one specific person, should raise succession at the notary meeting — the choice of buyers, shares and even a usufrutto structure can implement (or wreck) the plan.

Practicalities

Both buyers need a codice fiscale; both sign the deed (or give a procura); if only one attends and doesn't speak Italian, the interpreter rules apply to them. And the prima casa tax benefits are personal: a couple's eligibility depends on each buyer's position.

Where to start

The compromesso already names the buyers and shares — which means these decisions are being made earlier than most couples realize. Our analysis flags what your draft actually says about buyers, shares and regime declarations, so you can fix it while it's still a draft.

Related guides

• The rogito: what actually happens on closing day in Italy
• 15 questions to ask the Italian notary before you buy
• Can foreigners get Italy's 'prima casa' tax benefits? Yes — with strings attached