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Have you ever wondered, "Can I sell my house without leaving my son anything?" If so, you're in good company: it's a more common question than you think. A parent can sell a house without the consent of their children only if they are the sole owner and the property is not encumbered by an estate trust.
To help you find a solution, in this Casavo article we have collected all the options provided by law based on the main cases.
What are the options provided by law
The first, fundamental piece of information we share with you is that Italian law recognizes anyone the right to sell a property they own under any conditions. It is therefore not necessary for you to ask the consent of your children or heirs to sell a home of which you have full ownership.
Similarly to the rules governing the sale of a home to a daughter or son, whoever owns a property has the right to dispose of it as they see fit, ignoring the inheritance line.
However, there are some exceptions that limit your full right of transfer. Here are the cases to keep in mind.
1. If the house is registered to minor children
The first situation we will analyze is that of a property registered to a minor son or daughter.
A person who has not yet reached the age of majority can come into possession of a house in various ways. It often happens, for example, that parents purchase a building to be passed on to their young children in the future through direct registration or real estate donation. Another common case is that the minor receives the residence through inheritance from grandparents or other relatives. In these circumstances, the parents, as legal guardians, manage the child's estate.
If you find yourself in the position of wanting to sell a house registered to a minor child, you will need to obtain court authorization. Once the positive resolution has been received, you can dispose of the property as you wish and transfer it without worrying about your minor children.
2. If the property to be transferred is part of a trust
Another possibility to analyze concerns a property included in a trust registered to a minor. In this case, you will once again need authorization from the competent judge. The proceeds of the sale, however, must be used exclusively to protect the interests of the minor owner. It is also possible to include a clause in the trust's articles of association to directly authorize the transfer and speed up the process. You could therefore decide, for example, to sell the property as part of a fund to finance the education of your minor son or daughter.
As you can see, in this circumstance the answer to the question "can I sell my house without leaving my child anything" is a resounding no. All proceeds will in fact be managed and used for the benefit of the minor.
3. If you intend to donate the property to only one of the children
Let's close with a situation that presents some differences. Let's talk about the hypothesis that you intend to register a house you own in the name of a son or daughter through a donation.
To proceed in the presence of a minor, you need to obtain authorization from the competent court following a request presented by you or the other parent, or alternatively from an authorized notary.
Since minors do not have legal capacity in terms of law, the parents, as legal representatives, will carry out the bureaucratic and administrative procedures on their behalf. The entire donation process is supervised by the guardianship judge appointed for the case to verify the good faith of the parents' actions.
Remember, however, that in the event of a free transfer to just one of your children, you expose yourself to the same potential disputes as any other real estate donation. Any other heirs who may claim rights to the donated home have the right to request the return of the property within 10 years of your death, or alternatively financial compensation equal to the share that would have been due to them in the legitimate portion.
If you decide to donate one of your residences to a child, it is therefore very important to verify the consent of anyone else who may claim the property for themselves. The advice is to proceed with the donation with sale with the consent of the other co-heirs. This procedure allows you to freely transfer the shares of the property to all holders of inheritance rights, who in turn will transfer their share to the final donee. In this way, you legitimise, in the presence of a notary, the waiver of any future claims.
At the end of this article, you know that the general answer to the question "can I sell my house without leaving my son anything" is yes, except for a few exceptions in which you will need to involve a court. For worry-free management of your real estate sales, we recommend you come and discover the services that Casavo offers. With our collaboration, you will have access to a series of exclusive benefits. We start with a quick, accurate, and free online valuation of your property, then proceed to a direct purchase offer from us and the sale in collaboration with the best real estate agencies in Italy.
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