Loans between family members and relatives are often used as a form of support for circumstances of particular need. It is generally not necessary to use contracts to formalize these forms of support. However, in Italy, family loans are allowed and ruled by law.
A particular form of family loan is the loan between spouses. Under Italian Law, spousal loans do not imply the repayment, because they are based on the marital duty of mutual solidarity and mutual assistance.
As a consequence, even in the event of separation and divorce, it will not be possible to demand repayment of the loan, before the court. Unless there is a specific written agreement between the spouses where the loan is considered as a traditional loan, valid and effective also in terms of repayment.
The same discipline also applies when the spouses have separate and personal assets and they make an investment of the jointly owned property. In this case, the spouse may request the repayment in the event of separation and divorce.
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