Italy- Agencia Entrate
1. Does your national regulation provide for the possibility of registering a partnership?
The regulation is under the Italian Law n. 76 of 20 May 2016
1.1 If you answered yes, please confirm if registered partnerships are accepted no matter if the partners or couples are of the same sex gender?
Law n.76 of 20 May 2016 distinguishes two cases in point: 1) Registered partnerships between partners of the same sex gender (hereinafter registered partnerships) and 2) non-marital partnerships of both heterosexual couples and couples of the same sex gender (hereinafter non-marital cohabiting partners or couples)
2. Is there a statutory property regime for partnerships whether registered or not?
Yes. Two situations:
- Registered partnerships are set up. through a declaration made in front of the Civil Status officer and in presence of two witnesses. The statutory property regime of registered partnerships is the community of property, when there is not a different property agreement.
- For stable cohabitation proof, reference is made to a non-marital cohabiting partners’ declaration made to the Civil Status Registry of the Municipality of the couple’s residence. Cohabitants declare their partnership and cohabitation in the same family house to the Registry Office.
Non-marital cohabiting partners or couples can regulate their property relationships by a cohabitation contract, concluded either by public deed, or by an authenticated private deed by either a notary or lawyer. The contract may contain the property regime of community of property.
3. And are there any restrictions on the freedom to establish a property regime?
No. There are no restrictions. Nonetheless, in the case of a non-marital cohabiting couple or parnership a cohabitation contract must be signed in order to establish their property relationships.
4. Can a partnership registered in another member state or in a third state have patrimonial effects in your national regulation?
Yes.
- Contracts of non-marital cohabiting couples are regulated by the common national law of partners. Contractors of different nationalities shall be regulated by the law of the State where their cohabitation is predominantly localised, without prejudice to national, European and international laws regulating the cases of multiple nationality.
- With regard to registered partnerships, without prejudice to the provisions of Law n. 76 of 2016, the Italian Government is delegated to adopt one or more decree-laws on registered partnerships between partners of the same sex gender, concerning amendment and reform of rules of international private law, which shall provide for the application of the Italian regulation on registered partnerships also to those couples of the same sex gender who have contracted abroad a marriage or a registered partnership or other similar institution.
5. Does the dissolution of a non-marital partnership produce succession effects?
Yes: In case of registered partnerships, the surviving partner of a registered partnership is the legitimate successor of the deceased partner.
No: In case of non-marital cohabiting partners or couples, the surviving partner of a cohabiting partnership or couple does not acquire any rights in the succession of the deceased partner
5.1 Is it possible to register the right to family home in case of decease or breakout of non-marital partnership?
- Yes: In case of registered partnerships, the surviving partner, as legitimate successor, has right of residence in the family home which was already used as their cohabiting residence.
- In case of non-marital cohabiting partners or couples, the surviving partner has the right to continue to live in the family home for two years, or for the time equal to the cohabitation time if more than two years but, in any case, for no longer than five years. In the case of unilateral withdrawal from a cohabitation contract in which the family home is at the sole disposal of the withdrawing partner, the other partner is entitled to a deadline of not less than 90 days for leaving the family home.
