Who owns what in a marriage in Italy?
Italy's default regime is a legal community: property acquired by either spouse during the marriage belongs to both, while personal property stays separate.
Updated October 2026. Spotted a mistake? Tell us.
What applies by default
Purchases and income acquired during the marriage belong jointly to both spouses. Property owned before the marriage, items for personal use, and gifts and inheritances stay personal.
When the marriage ends in divorce
The legal community ends and the joint property is divided equally.
A marriage contract
Spouses can choose separation of property by a declaration at the marriage or by a notarial deed, and can agree other arrangements by a notarial deed.
What stays your own, and gifts
Personal property from before the marriage, gifts and inheritances stay with the spouse who received them.
If one spouse is a foreigner
In member states that take part in the EU Matrimonial Property Regulation, the law that governs the spouses' property is set by common rules, and spouses may choose from a short list of laws in a written agreement. Check whether the country takes part.
What to watch for
- Choosing separation of property is common and is easy to do at the time of the marriage.
Understand the legal system first
Italy belongs to the Civil law family. Family law grows out of the legal tradition, so it helps to know how the system works.
Read the Italy legal-system profile in the Legal Families Atlas →
Can a foreigner buy property in Italy? →
Official sources
Take it further
Inheritance, marriage, children, property and arrest rules in one PDF, with questions for a lawyer.
Set the property rules before the marriage, in your own terms.
For couples who live together without marrying.
Marriage, divorce, custody and support, step by step.
Divide property and settle the terms in writing.
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TheLawToKnow Tools’s marital property guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.
