The question of the right to ownership of family properties is often the subject of heated debates, especially when it comes to deciding the fate of houses and apartments between parents and children. Contrary to what one might think, parents do not always have full decision-making autonomy, since the law intervenes to protect the rights of their children in the management of homes. Here, then, are the cases in which a parent can sell house without children’s consent.
The rights of children over their parents’ home
“Can I sell the house without leaving my son anything?” If this is the question that goes through the minds of some parents even when they turn to real estate agencies, the answer is not as clear: it could be yes or it could be no. In fact, the situation varies from case to case, with reference to the direct owners of the property in question.
The sale of the house by parents without the consent of their children is not always possible. Although property law grants owners broad powers over the management of assets, there are circumstances that may require the involvement of children or even theintervention of legal authorities. These situations depend on the age of the children, the ownership of the property and the presence of an equity fund. In particular, an asset trust can limit the freedom of parents to dispose of the assets included in the trust without the consent of their children or without following specific procedures established by law.
Parents as sole owners
Parents can only sell the house without the consent of their children when the property is payable only to the spouses and is not included in an asset fund. In the event that the residence is registered exclusively in the parents’ name, they have the full right to decide independently the fate of the property.
Adult children and co-owners of the house
When the children are adults and co-owners of the property, the consent of all owners it is necessary for any decision regarding the family home. If an agreement is not reached and therefore an heir refuses to sell the house, the parents can appeal to court for the division of the property, but they cannot independently sell the share in the name of their adult children.
Donation to third parties
Finally, if the parents wish to donate the property to a third party, they still have to consider the inheritance shares due to the children According to the law. If they neglect this aspect, the children have the right to request their economic share even after the sale of the property, but they cannot prevent the parents’ choice.
If the house is registered in the name of minor children
The issue becomes particularly complex when you want to sell a house registered directly to your minor children, for example through a donation from a grandparent or an inheritance. In such cases, i parents retain legal usufruct on the assets of the children until they reach the age of majority (or until the age of 16, if the child marries at this age). Legal usufruct can also be attributed to a single parent, if he exercises exclusive parental responsibility.
With legal usufruct, parents can use the assets, including rental income, as long as they are used for the maintenance of the family and the education of their children. However, i parents have no right to dispose of the assetstherefore they cannot freely sell a property registered to a minor child.
In the event that parents intend to sell a house received by their child minor and already part of his assetsthey must obtain theauthorization from the guardianship judge of the minor’s place of residence. If the property is not yet part of the minor’s estate, for example during the procedure for accepting the inheritance with the benefit of inventory, the authorization for sale must be issued by the Court of the place where the succession was opened , after consulting the guardianship judge.
In the case of conflicts of patrimonial interests between children subject to the same parental responsibility, or between children and parents, the judge can appoint a special guardian to manage the transaction in question.
