(Supreme 03/10/2005 18476/05)
The spouse who is awarded the family home after separation, has the responsibility to pay the costs of building, while the ICI remains with the owner of the spouse.
as laid down by the First Civil Chamber of the Supreme Court with the ruling 18476, dismissing the appeal brought by Elena M. against the decision of the Appeal Court of Appeal in Rome.
In this case, the former husband of the woman, Francis B., had asked the woman to return the money advanced by him to pay the costs of building and heating, the ICI and the fee for disposal of the house, which initially had been assigned, but which had continued to have even after the court had decided in the opposite direction, giving it to the man, who was the owner.
While the court of first instance had granted the request of Francis B., condemning Elena M. to pay all the expenses, the Court of Appeal had indeed part the decision with regard to the ICI, tax imposed on property owners, and not on who has the sole enjoyment.
As the judges wrote in the ruling,''in terms of separation, the allocation of the matrimonial home, release the grantee spouse exclusively by the fees paid for use of the dwelling, but does not include costs related to ' use, are therefore dependent on him.'' If there is no explicit provision of the court in allocating these expenses to the spouse obligated to pay the rent, maintenance of wife or children, must be understood therefore, conclude stoats,''that the lack of such a measure, implying the assumption of the costs to the person assigned the same 'home.''
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