A 75-year-old mother from Pavia, Italy, has triumphed in a legal battle to have her two adult sons, aged 42 and 40, vacate her home.
The ruling, issued by Judge Simona Caterbi, orders the two brothers to leave their mum’s home by December 18, 2023.
Despite being in their forties and gainfully employed, the adult sons had resisted their mother’s repeated pleas to find their own accommodation.
The mother’s frustration went beyond their refusal to contribute to household expenses or assist with domestic chores.
They also complicated her life by returning home in the late hours and leaving their belongings in disarray.
This living arrangement began following the mother’s separation from her husband, and the family did not suffer from financial hardship.
After both sons earned their diplomas, they struggled to secure stable employment, with their mother supporting them until they finally found jobs. At this point, the mother expected them to become self-sufficient and move out, but they chose to stay.
Having exhausted her efforts to convince her sons to establish their own lives, she resorted to legal action.
The court’s decision noted that “the initial stay in the property could be considered justified,” based on the mother’s “maintenance obligation”. However, given the fact that “the two defendants are over 40,” the court found the obligation of hospitality no longer applicable.
According to the Pavia Court, there is “no provision in the legal system that grants the adult child an unconditional right to remain in the parents’ exclusively owned property against their will and solely due to the family tie”.
The ruling also referenced a Modena Court decision that described cohabitation in the parent’s house as “a loan without a defined duration,” implying the return of the property when the owner requests it.
