Registering someone’s name on a title deed in Italy
The final step of the Italian conveyancing process, when ownership of real estate is transferred into someone’s name, is represented by the signing of the real property title deed (atto notarile).
This legal procedure demands the presence of a notary public, the real estate vendor(s) and buyer(s) along with two witnesses.
The notary reads aloud the entire deed, which is written in Italian. All parties, including the witnesses and the notary public, then approve and sign the title deed.
If one of the parties to the transaction is not fluent in the Italian language, Italian law requires the compulsory presence of a qualified expert who is responsible for translating and interpreting the deed. This legal requirement aims to ensure that all parties completely understand the content and ramifications of the deed.
When such a professional is present, they must also sign the deed.
A bilingual lawyer, with expertise in the field of Italian property law, is the recommended professional to fulfil this role.
Once the notary has signed the deed, the buyer acquires ownership of the real property.
Subsequent formalities, for which the notary is responsible, are represented by:
- Registration of the deed with the tax authorities;
- Lodging the deed with the Public Registers, making it known to all third parties who may potentially have an interest.
- Update of the Building/Land Register.
How to change the name on an Italian real property deed?
In order to change the name on a title deed, a new notarial deed is required.
If, for example, someone has acquired real property with a partner and, as consequence of a divorce, needs to remove one of the names from a real property title deed, a new notarial deed is necessary.
If the divorce decree is issued as a consequence of an Italian Court decision, the transfer of ownership will not imply payment of real estate transfer tax.
If on the other hand, the divorce decree is issued by a non-Italian Court, or is simply the result of a personal decision, payment of real estate transfer tax will be required.
Tax payments will be determined by the terms of the new title deed. Tax will depend on whether the property has been gifted (meaning the transfer of the real property does not imply payment exchanged hands) or, alternatively if there is a financial transaction and therefore the new title deed is a deed of sale.
How to find whose name is on a deed?
In order to find out whose name appears on a title deed, it is necessary to conduct mortgage and cadastral searches.
If you wish to change anyone’s name on a title deed or ascertain whose name is on a real property title deed, feel free to contact us on the following email address: email@example.com