I own(outright) an apartment in Italy---although I am named as "first owner', my wife is named as "second owner", (which is, I believe, the equivalent of a Joint Tenantcy with Rights of Survivorship). We may be divorcing. Under Italian Law, what would her rights of ownership be compared to mine? Is the property subject to New York (our State of residence in the US) Equitable Distribution, or can NY Courts not apportion overseas property?

I cannot speak directly to NY law, but as an example, I will explain how it works in California.

Here, any property acquired anywhere in the world by a married couple during marriage who are divorcing in California is treated exactly as it would be treated if the property were in California. It makes absolutely no difference that the property was acquired out of the state or country and we do not apply or look to the law of the state or country in which the property is situated to determine the ownership interests. This sort of out-of-state property we call "quasi-community property".

I would assume that NY follows the same or similar approach.

The courts in NY can rule on it, but part of an issue will be that Italy may not reconise the order to change anything there. So one may have to take the US order and still go back to court there

Thanks very much to both Fr. Chuck and Cadillac 59. I guess my question then picks up where Fr.Chuck's answer left off; Will Italy honor a US State's (NY) ruling, or would she have to go through Italian courts to get her "share" of the property? (My rationale on this is that I leave the US and move to Italy)
Thanks--does anybody have specific knowledge of the Italian legal system regarding their recognizing NY Family Court rulings?
Paestum

Thanks very much to both Fr. Chuck and Cadillac 59. I guess my question then picks up where Fr.Chuck's answer left off; Will Italy honor a US State's (NY) ruling, or would she have to go through Italian courts to get her "share" of the property? (My rationale on this is that I leave the US and move to Italy)
Thanks--does anybody have specific knowledge of the Italian legal system regarding their recognizing NY Family Court rulings?
Paestum

Thanks very much to both Fr. Chuck and Cadillac 59. I guess my question then picks up where Fr.Chuck's answer left off; Will Italy honor a US State's (NY) ruling, or would she have to go through Italian courts to get her "share" of the property? (My rationale on this is that I leave the US and move to Italy)
Thanks--does anybody have specific knowledge of the Italian legal system regarding their recognizing NY Family Court rulings?
Paestum

Thanks very much to both Fr. Chuck and Cadillac 59. I guess my question then picks up where Fr.Chuck's answer left off; Will Italy honor a US State's (NY) ruling, or would she have to go through Italian courts to get her "share" of the property? (My rationale on this is that I leave the US and move to Italy)
Thanks--does anybody have specific knowledge of the Italian legal system regarding their recognizing NY Family Court rulings?
Paestum

Thanks very much to both Fr. Chuck and Cadillac 59. I guess my question then picks up where Fr.Chuck's answer left off; Will Italy honor a US State's (NY) ruling, or would she have to go through Italian courts to get her "share" of the property? (My rationale on this is that I leave the US and move to Italy)
Thanks--does anybody have specific knowledge of the Italian legal system regarding their recognizing NY Family Court rulings?
Paestum

Thanks very much to both Fr. Chuck and Cadillac 59. I guess my question then picks up where Fr.Chuck's answer left off; Will Italy honor a US State's (NY) ruling, or would she have to go through Italian courts to get her "share" of the property? (My rationale on this is that I leave the US and move to Italy)
Thanks--does anybody have specific knowledge of the Italian legal system regarding their recognizing NY Family Court rulings?
Paestum

Thanks very much to both Fr. Chuck and Cadillac 59. I guess my question then picks up where Fr.Chuck's answer left off; Will Italy honor a US State's (NY) ruling, or would she have to go through Italian courts to get her "share" of the property? (My rationale on this is that I leave the US and move to Italy)
Thanks--does anybody have specific knowledge of the Italian legal system regarding their recognizing NY Family Court rulings?
Paestum


You are complicating the issue unnecessarily. First, it doesn't matter what the Italian courts or legal system think of a NY divorce decree. Surely under Italian law one party can transfer ownership voluntarily to another co-owner of real property, or both can sell the property and divide the proceeds. So, your NY judgment simply says that your wife is ordered to sign whatever documents are needed to transfer the Italian property to you (or visa versa); or, alternatively the judgment says the parties will sell the property and divide the proceeds. Assuming your wife will obey the NY orders there should be no problem.

Only if your spouse refuses to obey a NY decree will you need to make inquiry into enforcement procedures in Italy.