Receiving a house as a gift from one's parents is a gesture of love and foresight. However, when the time comes to sell that property, many owners are caught completely off guard to find out that their "Domus" is remarkably difficult to market. Why do banks deny mortgages to buyers of gifted properties? And how can you solve this problem without waiting for decades?
1. The "Ghost" of the Reduction Action: Why is a Deed of Gift Feared?
Italian law strongly protects "forced heirs" (legittimari — i.e., spouses and children). If a deed of gift (donazione) made during the donor's lifetime infringes upon the statutory share of the inheritance due to other heirs, the latter can take legal action through what is known as an "action for reduction" (azione di riduzione).
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The Buyer's Problem: If the heir wins the lawsuit and the recipient of the gift (donatario) lacks the funds to compensate them, the heir can reclaim the house itself, even if it has already been sold to a third party.
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The Bank Freeze: Knowing that the property could be "reclaimed," banks almost never grant a mortgage for the purchase of a property originating from a deed of gift, unless 20 years have passed since the gift was made, or 10 years have passed since the donor's death.
2. Solution 1: The Insurance Policy (The Fastest Way)
Today, there is a proven tool that unlocks 90% of these sales: a specific donor-indemnity insurance policy (polizza fideiussoria per donazioni).
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How it works: It is an insurance policy (usually paid by the seller as a one-time fee) that protects both the buyer and the bank against any potential compensation claims from heirs.
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The advantage: It costs just a few hundred or thousands of euros (depending on the property's value) and makes the property immediately eligible for a mortgage and secure.
3. Solution 2: The Deed of Waiver of Opposition
If the donor is still alive, the future heirs can sign a formal deed in which they waive their right to "oppose" the deed of gift.
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Take note: They cannot waive their right to the action for reduction itself (as doing so would be illegal while the donor is still alive). However, by waiving their right of opposition, they ensure that the statutory 20-year term to secure the purchase from any claims passes regardless of the donor's death.
4. Solution 3: Reversal of the Gift via Mutual Dissent
If both the donor and the recipient are still alive and wish to sell to a third party, they can agree to "cancel" the original deed of gift.
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The process: Property ownership reverts to the original donor (e.g., the father), who then sells it directly to the new buyer. In doing so, the deed of gift "disappears" from the property's history, making the sale straightforward and risk-free.
The Role of Domus Sicilia
Selling a property received as a gift requires proactive document preparation. Entering the market being able to say: "The house is a gift, but we already have the insurance policy or technical solution ready to go" turns an insurmountable hurdle into routine paperwork.
We analyze the family tree and collaborate closely with notaries to choose the most cost-effective and secure path, ensuring your buyer can secure their mortgage smoothly.
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