# buying a property question.



## eurozoner50 (Feb 28, 2018)

My sister in law has a house in Italy , that's all paid for. But due to a number of reasons , mainly financial, she can't afford to do a renovation of it ,and has offered it to me for an advantageous price to get it off her hands.

Now due to reasons I won't go into at the moment , there might be issues with a previous business and 3 small apartments that were mortgaged and then abandoned ,and auctioned off by the banks..

I'm wondering what sort of legal assistance to go for ; would I just be able to transfer the deeds into my name for a cash deal here in the UK ,could a bank or the government put a claim against the property for historic claims outstanding tax bills , etc . 

My brother passed away a number of years ago and his business was dissolved. I just feel a bit unsure not knowing what Italian law can do .

*Main issue is, is the house bought and paid for , untouchable , if I do a deal with her.

Wondering if anybody else has done something similar?


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## NickZ (Jun 26, 2009)

It's not clear who owes what. You or your SIL?

If the banks could have put a lean against the property they would have already. Ask your lawyer to check. Nobody is just waiting until the sale to do that.

When you say in the UK. Do you mean an informal sale? Not one registered with the government? A formal sale would need to be registered with the various taxes/fees paid on the sale.


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## eurozoner50 (Feb 28, 2018)

My SIL owns the house.

A sale would be conducted properly if one occurred...


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## NickZ (Jun 26, 2009)

That I understood but who is the bank supposedly chasing? You or your SIL?


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## eurozoner50 (Feb 28, 2018)

NickZ said:


> That I understood but who is the bank supposedly chasing? You or your SIL?


The bank isn't chasing anyone that we know ,but my brother started to buy 3 apartments in a block of 7 , which he defaulted on at a later stage ,the bank took them back and auctioned them for less than the mortgages.

So, what's at question is , can the banks go after my SIL for any balance remaining ,with the house being her main asset at the moment ,she doesn't have funds to settle anything.

Obviously we need to get a lawyer to look into this...which I will probably have to pay for , I was just really asking if anybody has had ,a similar situation , or if a legal person who tunes into this forum might say something.

To recap : My main concern is , if a house that is bought and paid for , an untouchable asset that can be sold to a third party ,free from other historical deals ,be they cancelled mortgages or say an unpaid tax bill etc.

Hope this makes things a bit clearer.


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## NickZ (Jun 26, 2009)

They would have already gone after her if they could. 

Other than that the only thing that comes to mind is if she hasn't formalized the inheritance but if the property is in her name I doubt that's the case.


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## modicasa (May 29, 2021)

You cant just switch names on deeds. Your SIL will have to sell you the property or donate it to you. Either way it will cost, as it is a public act of sale and needs to be done at an Italian notary and taxes paid.


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## modicasa (May 29, 2021)

As far as any possible lien on the the property, theoretically it would depend on whether your brother and SIL were/are married in communion of goods. If they are in separation of goods then what belongs to your SIL is untouchable. You could start by doing a visura ipotecaria on hte property and see if it has any debts placed against it. The notary would have to do one for any sale anyway, but it doesnt hurt to be sure.


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## Barbara De Benedittis (8 mo ago)

eurozoner50 said:


> My sister in law has a house in Italy , that's all paid for. But due to a number of reasons , mainly financial, she can't afford to do a renovation of it ,and has offered it to me for an advantageous price to get it off her hands.
> 
> Now due to reasons I won't go into at the moment , there might be issues with a previous business and 3 small apartments that were mortgaged and then abandoned ,and auctioned off by the banks..
> 
> ...



Hi, 
if your SIL and brother were married in Italy, you first need to verify if they were married in "comunione dei beni". If they were not, your SIL can do whatever she wants with her property, which in untouchable.
To transfer the ownership, you need a proper contract in front of a notary in Italy.
If you need, I'm a lawyer and can assist in Italy. Feel free to get in touch [email protected].
Good luck anyway!


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## eurozoner50 (Feb 28, 2018)

Ok thanks for the replies. Some useful info coming through.
I simply don't know anything about this sort of situation ..but would like to emphasise that we are not looking to do anything improper .

@Barbara yes they were married in Italy and I've forward your question to her....when I get a reply we can consider the options and your offer!.


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## Barbara De Benedittis (8 mo ago)

No problem at all, I look forward to hearing from you. Good luck anyway.


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