Supreme Court Sec. I, Judgement of 11.04.2010, No 22500 - Dr. Corbi Mariagabriella)
After several legal disputes - due to non-performance by the former of the agreements made in the separation regarding the allocation of the property to his wife as a marital home with the obligation toward the husband, to fully pay the mortgage on the property and charged the normal costs of building - the case has landed in the Supreme Court (Judgement No. 22500/2010).
In fact, the house was left to run his wife agreed, and "it follows that in the minutes the house married, by the will of the parties, had been assigned to the "wife and children at home, which at the time were already adults, because it is intended, therefore, that the couple had intended to create an independent right of residence in respect of children. In this interpretation, according to the applicant, would also lead to the separation clause of the report that "the parties agree on the marketing of the property in the manner and on time in a separate writing signed by them today." Scripture with which it was established that: "Mr. GG gives Mrs PG irrevocable power of attorney to negotiate on the sale of said property at a price not less than pounds 500,000,000 and in any case for its current market value, free deed. This authorization is valid from today until (...) and may possibly be renewed with the agreement of both parties (...) ". At the same report it was agreed that the firm would pay the full mortgage on the property and the costs borne by ordinary condominium. Failing agreement as determined by the ex-husband is in charge of payments and related expenses. Since it was found that the same procedure had failed to pay child support in the same place so you reach a clearing between credits and debits.
Dr. Mariagabriella Corbi
LaPrevidenza.it, 12/03/2010 (http://www.laprevidenza.it/news/cassazione-civile/separazione-e-casa-coniugale/5072)
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