How many Italian families have heard, at the bank counter or at the table of a deed of sale, the response: "The property is a gift—there's a risk, we need to protect ourselves." For years, selling a donated home meant dealing with a concrete legal obstacle: the donor's heirs could, in certain cases, claim the property even after a perfectly regular sale. Wary banks. Fearful buyers. Expensive insurance policies. In Italy, there are over 218,000 real estate donations each year, according to statistics from the National Council of Notaries. Starting December 18, 2025, for many of those families, the rules have changed radically.
Why selling a donated house was so complicated
To understand the extent of the change, we need to start from the problem that existed.
When a parent donated an apartment to a child, that choice was protected by the Civil Code. But the donor's heirs—the so-called legitimate heirs—had the right to challenge the donation if, upon the donor's death, it was found to be detrimental to their reserved share. So far, the inheritance logic holds true. The crux of the matter lies elsewhere: this right also extended to the third-party purchaser. If the donee sold the apartment, and the father subsequently died, leaving other heirs with a damaged legitimate share, those heirs could take direct action against the buyer—demanding the restitution of the property purchased in good faith, even years after the deed.
The concrete result? The buyer risked losing the home he had paid for regularly. Banks refused or complicated mortgages on donated properties. Many buyers demanded price discounts or additional guarantees. The donation, intended as an act of love and family planning, became a legal burden that dragged on for decades.
The December 2025 reform: Selling a donated home today
The National Council of Notaries had been working on this reform for over ten years. On November 26, 2025, the Chamber of Deputies definitively approved the Simplification Bill (Law 182/2025, Article 44), published in the Official Journal on December 3, 2025, and entered into force on December 18, 2025. Its significance is historic.
The new regulation establishes that anyone who purchases a property received as a gift from the seller can no longer see the property seized by the donor's legitimate heirs. The right to restitution against third-party purchasers is abolished. Anyone who buys, buys with full legal stability—without having to wait twenty years, without additional insurance policies, without discounts imposed by fear.
The protection of injured heirs does not disappear: it is transformed. A forced heir who believes his share has been violated can still sue for reduction, but the target of that action will be the donee, not the third-party buyer. The donee will have to compensate in cash for any damaged portion of the legitimate share. This shift in perspective refocuses the relationship between donor, donee, and family members, without involving those who purchased in absolute good faith.
A temporal detail worth noting: the new rules apply to successions opened after December 18, 2025.For successions opened before that date, the old regime continues to apply. However, there is a six-month transition period for pending donation objections.
Mortgage on donated homes: what changes in practice?
The practical implications are immediate and tangible. With the new regulation, banks can accept donated property as mortgage collateral with greater peace of mind than before. This translates into:
- Faster and less hindered investigations
- Reduction in requests for additional guarantees (guarantees, policies)
- Lower overall financing costs
- Greater accessibility to credit for those who have received a donated good
For a young couple who received an apartment as a gift and want to renovate it by taking out a mortgage, this change is concrete and measurable right away.
What to check before selling or mortgaging a donated property
The reform simplifies the framework, but it doesn't eliminate every aspect of verification. Before proceeding with a deed of sale or taking out a mortgage on a donated property, it's a good idea to clarify the following with your notary:
- What is the date of the donation and when the donor's succession was opened, or could be opened?
- If there are opposition acts to the donation transcribed before 18 December 2025, which in the transitional phase maintain residual relevance
- If the donor is still alive: the new regulation does not eliminate any scenario of attention for recent donations
In our firm, we accompany each client with an in-depth analysis of the property's provenance before proceeding with any transaction.
To consult the full text of Law 182/2025 and the amendments to Articles 561 and 563 of the Civil Code, the official reference is the website of the National Council of Notaries, which promoted and commented on the reform.
A reform that changes families' plans
For years, many parents have held off on gifting their home to their children for fear of creating problems. Many children who received gifts have waited years before being able to sell or mortgage the property they received. This reform doesn't solve all inheritance issues, but it restores to families a freedom of negotiation that had been blocked for decades. Gifting real estate returns to what it should always be: a means of protection, not a source of uncertainty.
Do you have a house you received as a gift and want to sell it or take out a mortgage?
Until recently, this was a transaction with a certain degree of uncertainty that discouraged even the most motivated buyers. Today, the legal framework has changed in your favor, but every situation has its own specifics and deserves careful evaluation. At our firm, we analyze the provenance of your property, clearly explain your position regarding the new regulations, and guide you through every step of the process, up to the final deed. Fill out the contact form below or call us at 06.807.0943 to schedule an appointment.
