Problems after buying a home. When the transfer can be challenged.
There are situations in which, when buying a house, the transfer of the property can be challenged, revoked or rendered void. Let's see in detail what are the possible cases at risk and the terms within which it is possible to raise any disputes.
Donation of the house and debts
A first possible risk is when a person who has debts gives his home, in this case in the next 12 months can lend creditors and nullify the donation. In fact, for a forced execution of the asset in question, it is sufficient that a creditor transcribes the attachment into the public real estate registers. To do the same can be the Revenue Agency or anyway the Collection Agent.
The revocation action allows creditors to act against the deed of gift or sale of the property within 5 years of its completion and render it ineffective. At the end of the process, the property may be attached or mortgaged. In order to be able to exercise the revocatory action, the creditor must demonstrate that the transferor has lost a significant part of its assets as a result of the goodness of the asset, not allowing the creditor to be able to meet in case of attachment. In the event that the sale took place with a sale and not with a donation, the third buyer had to be aware of the debt incurred by his seller.
Donation home and heirs
Another risk has to do with the donation of a house challenged by the donor's heirs within 10 years from the opening of the succession if the latter has, with his will, harmed the shares of legitimate spouse, children or, in their absence, of their parents. This is the so-called "reduction action".
Sale of houses and heirs
Even in the case of the purchase of a house by a person who had received it by donation, the transfer of the property may be challenged by the seller's heirs if they have been injured in the shares of legitimate or if the deceased has left them less than the law. This is the so-called "return action", which can be undertaken up to 20 years after the deed.
Spouses separation and immovable heading
When the spouses are separated from one another, the family property is taken from one of the two and the claim of the assignor's creditors is called "absolute simulation". In this case the creditors can act without deadlines to be respected.
Annuity
With the life annuity contract, an old person normally sells the bare ownership of their home to a child and, as a price, gets the buyer's commitment to provide moral and material assistance until his death. But often it is a real donation. In this case the heirs can challenge the deed by making it reclassify as a gift within 10 years from the opening of the succession, but only on the condition that it has damaged the shares of legitimacy. Otherwise, the life annuity contract may be challenged when it turns out that there is a disproportion between the two benefits. In this case there are no terms to challenge the transfer of ownership.
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