In reply to A newbie all over again! by Annec
In reply to A newbie all over again! by Annec
We found ourselves in the same boat as Technically Blonde (bought cash in just my wife's name) but again, that's no help with the mortgage question.
Is it just the one banmk you've applied to?
Why not try getting a mortgage in the UK?
In reply to A newbie all over again! by Annec
It is probably really for the same reason they would insist it in UK. If they need to repossess they can evict the defaulter but what about the (innocent) spouse.
In reply to A newbie all over again! by Annec
[QUOTE=andersxman]I have been told by an italian bank that I am contacting concerning a mortgage that me and my wife have to apply jointly, simply because in italy you are either married "in comunione dei beni" or "in seperazione dei beni". I would want to purchase the home by myself, but the bank says I must apply with my wife, who would prefer to not take part of it. Is it correct that I cannot, in any way, purchase the property and obtain the loan by myself.
Best regards.[/QUOTE]
The bank is wrong.
the estate repationship between spouses is subject to the law they share:
two spouses that are english citizens, follow the uk law and not the italian law, so it has no sense to talk about "comunione dei beni" or "separazione dei beni" that are italian rules.
You and the bank have to consider [B]only[/B] the english law:
if under uk rules you can buy by yourself, without a joint ownership with your wife (as it seems to me, if I remember correctly), you can do the same in Italy and, consequently, grant the mortgage and obtain the loan all alone.
Suggest the bank to have a look at Legge n. 218 del 31 maggio 1995, articles 29 and 30
Buying jointly or seperately?
Submitted by Anonymous (not verified) on Wed, 09/28/2005 - 13:37In reply to A newbie all over again! by Annec
Dear Notaio,
I have read article 29/30 of law number 218, 1995 (Iknow italian well enuoghto understand them), and I must say that they make it seem like UK-law applies when spouses purchase together or individually.
However:
The lady from the bank that I spoke to on the phone told me that if you are married in the UK and one of the spouses wishes to purchase on his/her own, a long and difficult procedure of seperating the goods would have to be undertaken. Does that seem to make any sense for you?
Thank you very much.
In reply to A newbie all over again! by Annec
[QUOTE=andersxman]Dear Notaio,
I have read article 29/30 of law number 218, 1995 (Iknow italian well enuoghto understand them), and I must say that they make it seem like UK-law applies when spouses purchase together or individually.
However:
The lady from the bank that I spoke to on the phone told me that if you are married in the UK and one of the spouses wishes to purchase on his/her own, a long and difficult procedure of seperating the goods would have to be undertaken. Does that seem to make any sense for you?
Thank you very much.[/QUOTE]
Is the lady from the bank is an expert in english law ?
How does she know that "a long and difficult procedure of seperating the goods would have to be undertaken".
I repeat: the bank must cancel from his mind any recall to italian law, except article 29/30 of law number 218, 1995.
This is something I can assure for personal professional experience.
In the area where I work there's an increasing number of immigrants from all around the world who purchase houses with a loan from a bank.
No bank could consider to apply "comunione dei beni" or "separazione dei beni" in relation to (as example) a man from Senegal where is allowed polygamy.
It would be a very strange joint ownership (comunione dei beni) ;)
In reply to A newbie all over again! by Annec
[QUOTE=tuscanhills] ..... bought cash in just my wife's name ... [/QUOTE]
We were advised this could not be done (the cash bit). Something to do with money laundering, tax evasion (of a different kind to inderclaration of the property price) and the need to declare funds ...
In reply to A newbie all over again! by Annec
[QUOTE=Poetica]We were advised this could not be done (the cash bit). Something to do with money laundering, tax evasion (of a different kind to inderclaration of the property price) and the need to declare funds ...[/QUOTE]
money laundering / tax evasion ....... this seems to be the current excuse for everything , including here in the UK. Even the estate agents selling our house had to positively ID both of us and take copies of passports / utility bill etc ...
Don't know about the mortgage part but Bob and I are each separately buying a property in Puglia, according to our lawyer and agent this is fine.