Terminate Property Co-ownership - Force Property Sale in Italy

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Joanne, really took the time to explain the process and the best way to fulfill our requests. She was very good at communicating timelines and what was to be expected. She worked quickly to make sure we completed our process.
Flavia Krause
Flavia Krause
28 Mar 2024

Service Details

Terminate Property Co-ownership - Force Property Sale

This service is available across Italy

Who Is This Service For?

This service is for those who find themselves in the situation where they are co-owners of property in Italy and wish to terminate the co-ownership arrangement, especially in those situations where one or more co-owners wish to sell the property, but consensus cannot be reached.

Who Is This Service For?

Prerequisites

  • Legal standing as a co-owner of the property in Italy.
  • Attempted but unsuccessful negotiations with other co-owners to voluntarily terminate the co-ownership and sell the property.
Prerequisites

Procedure: Our Approach

  1. Initial Legal Consultation: We begin with a thorough assessment of your situation, reviewing any existing agreements and the property's legal status to offer advice specific to your particular circumstances.
  2. Mediation and Negotiation: Our next step is to attempt mediation with the other co-owners. This involves structured meetings where we aim to reach a mutual agreement, focusing on solutions that serve all parties' interests.
  3. Filing for Judicial Division: If mediation does not result in a resolution, we proceed by filing for a judicial division under the relevant articles of the Italian Civil Code, specifically invoking Articles 1102 and 1117. This legal action seeks a court decision to terminate the co-ownership, either by physically dividing the property (if feasible) or by selling it and dividing the proceeds among the co-owners.
  4. Representation in Court Proceedings: Throughout the court process, we provide robust representation, advocating for your interests and aiming for the best possible outcome. We handle all necessary documentation and court appearances, ensuring that your case is presented effectively.
  5. Final Resolution and Sale: Upon the court's decision, we assist with the implementation of the order, overseeing the sale of the property if that is the outcome, and ensuring that the proceeds are distributed according to the court's ruling.
Procedure: Our Approach

Benefits

  • Expertise: Deep understanding of Italian property law.
  • Negotiation Skills: Proficiency in mediation to avoid lengthy court processes.
  • Comprehensive Support: From initial advice to final resolution.
  • Success Rate: Proven track record of resolving co-ownership disputes.
Benefits

What Does This Service Consist Of?

  • Compliance with Italian legal standards, specifically referencing Article 1102 and Article 1117 of the Italian Civil Code.
  • Customized approach to suit individual circumstances and legal standings.
  • Emphasis on mediation and negotiation, resorting to judicial division only as a last resort.
What Does This Service Consist Of?

Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.

Why choose Advocate Abroad?

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