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Consensual separation agreements or joint divorce agreements are valid for the transfer of real estate

  • 30/08/2021

The United Chambers of the Supreme Court of Cassation, with the recent decision n. 21761 of July 29th, 2021, held that the clauses contained in consensual separation agrrements or divorce agreements, concerning the immediate transfer of ownership of assets or other real rights are valid in order to ensure maintenance for the spouse, to minor or adult not self-sufficient children. The agreements, insofar they are included in the minutes of the hearing, drawn up by a public official and intended to authenticate what is certified therein, take the form of a public deed to art. 2699 of the Italian Civil Code. Therefore, following the approval or after the divorce decree, these agreements constitute a valid title for registration pursuant to art. 2657 of the Italian Civil Code.

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