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T.DePas
T.DePas, Attorney
Category: European Law
Satisfied Customers: 456
Experience:  Solicitor - Ph.D. Doctor Europaeus in EU law
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Dear Claire, ancillary relief ended yesterday. I was awarded

Resolved Question:

Dear Claire, ancillary relief ended yesterday. I was awarded conduct of sale of the matrimonial home in Italy, but in Italy in order to have such a power (also to market the property with an estate agent ) I need to have some legal power.
My Italian lawyer says its the PROCURA SPECIALE ALLA VENDITA, but my barrister didn t think so.
could you please explain properly what I would need as the judge has agreed to add it to the court order?
In fact under Italian law if I do not have this power officially I am not even entitled to give rights to an estate agent to advertise a property for sale as I am NOT THE OWNER.
Is there a special formula or something you know that can be added?
Do you know about the procura speciale alla Vendita? I relied on art 1350 of Italian civil code.
Many thanks
Regards
Submitted: 1 year ago.
Category: European Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question
This is really a matter of Italian Law so I shall opt out and transfer it there!
Claire
Customer: replied 1 year ago.
Thanks Claire, I wanted to say many many thanks for having assisted me the all year. I was quite successful yesterday in court, I did explain the judge how I got into his emails, I made a supplementary bundle with important evidence of 165 pages and I sent many documents or certified translation.
My husband finally offered me 73% of the net sale of the matrimonial home, I will conduct the sale and if I manage to sell it over£1,000,000 the difference is 1/2 each.
I wanted to say that without you I would not have ever managed, and I will always be very grateful to you.
I have done 45 applications to the court in a year, represented myself in 40 and finally I went thorough it! I do not know if you remember the issue about my Italian lawyer , because my husband tried to to move jurisdiction to Italy many times, finally I split the bill into two, half for divorce and half for ancillary relief ( because in Italy it all one). The judge accepted and ordered him to pay half of the one for ancillary relief plus the total for the 5 representation and my final here.
Many many thanks dear Claire, I only have the issue about that proxy to be added in the final order and a bit of an issue with my barrister that was ignoring it just because he does not know Italian law!
But I shall wait for an Italian expert.
Thank you from my heart
Expert:  Clare replied 1 year ago.
Hi
Thank you for telling me the result - you should be very proud of yourself
Claire
Customer: replied 1 year ago.
Thanks Claire! Tomorrow i m Hearing to the Law School to enrol for a GDL And next Hearing the bar School!
I With i could have gonne for the cilex but it seems lime be' cause my mixed Law degree Is more them 7 yes ros old i would have to it it all again for 3 years therefore there Is no point, just che apre compare d to the bar School but even longer!
I m sure i will have to Asl some small questione from time to time, And i would be' grateful if I were' assested by you!

Many thanks!
Expert:  T.DePas replied 1 year ago.
Dear customer,

Thank you for contacting JustAnswer.

What your lawyer said is true. To be able to have the power to sell something which is not yours you need the PROCURA SPECIALE ALLA VENDITA.

This is an act with which the original owner gives to another person the power to sell the estate. You need to get a transcript of this document legally registered by a notary.

I hope this helps. Please do not hesitate to accept my answer and rate it positively.

A bonus i very much appreciated.

I remain at your complete disposal should you need any further information.

Best,

T. De Pasquale
T.DePas, Attorney
Category: European Law
Satisfied Customers: 456
Experience: Solicitor - Ph.D. Doctor Europaeus in EU law
T.DePas and other European Law Specialists are ready to help you

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