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Publication: 3 April 2017 Latest update: 27 November 2024
What is it?
It is the claim for succession or takeover of the mortgage contract in the event:
- judicial separation, dissolution of the civil effects of marriage, civil unions and de facto registered cohabitation;
- death of the holder.
Who is it aimed at?
In case of:
- judicial separation;
- dissolution of the civil effects of marriage;
- dissolution of civil unions;
- dissolution of de facto registered partnerships;
It is addressed to:
- to the former spouse;
- to the former civil partner;
- the former de facto cohabitee, with a registered cohabitation contract, provided they meet the requirements set out in the relevant regulations.
In the event of the death of the borrower: to the surviving spouse or, in his/her absence, by the children who are members of the family unit as identified by the Reference Regulations (i.e. those in force at the time the mortgage claim was submitted by the mortgage holder).
The children, if minors, can obtain the succession of the ownership of the mortgage , under the guardianship of the person designated by the judge.
How does it work?
In the event of judicial separation, dissolution of the civil effects of marriage, civil unions and de facto registered cohabitation, the succession in the ownership of the mortgage to the following categories is allowed, upon claim to be submitted online:
- former spouse;
- former civil union;
- former de facto cohabitant with registered domestic partnership.
The new holder must be registered in the Unified Scheme of credit and social benefits, except in cases otherwise governed by the reference Regulation.
In the event of the death of a borrower, who is the sole holder of an INPS mortgage loan, during the amortisation period, it is permitted, subject to the online submission of a claim, for the spouse or children to succeed to the loan if they are members of the family unit, as identified by the relevant regulations.
In the event that the property is inherited by different parties:
- the amortisation is interrupted on the date of death of the mortgage holder;
- the inheritors of the property will pay off the loan in full immediately.
The claim for succession following the death of the borrower can be made by accessing the reserved area of the INPS site, through the dedicated service, by the following subjects:
- the spouse of the borrower;
- in the absence of the spouse, the children of the borrower;
- if there are only minor children, by the guardian.
The guardian submitting the claim must:
- login with your credentials;
- enter the details of the legal appointment order.
The loan will then be transferred to the guardian.
At the end of the preliminary investigation of the claim by the provincial offices, the loan will be registered:
- to the surviving spouse;
- to the children. The children must be part of the family unit, as identified by the relevant regulations.
The new holder may not be a member of the Unified Scheme of Credit and Social Benefits.
If both types of claim (for separation or death), if the claim is rejected, a notification is sent to the interested parties.
INPS provides a manual for users (pdf 1.3MB).
Processing times of the measure
The deadline to define the measure was set at 30 days by the Regulation for the definition of the terms to conclude the administrative proceedings adopted by INPS pursuant to Article 2 of Law no. 241/1990.
The table attached to the Regulation shows both the deadlines for defining the measures established by the Institute that are longer than the normal 30-day period, and the indication of the relative manager.