The usufruct of a home is a fairly common legal situation, especially in inheritance and family transfers. In these cases, one person retains the right to use and enjoy the property, while another maintains bare ownership. This separation of rights is important because it conditions both the use of the home and a possible future sale.
The usufructuary can use the property and, unless the constituting title states otherwise, also obtain its fruits, for example through rent. In return, they must maintain the property and assume certain obligations related to its maintenance. The owner, on the other hand, retains ownership of the property, although they cannot fully dispose of its use as long as the usufruct remains in effect.
One of the main doubts arises when the property is up for sale. The owner of the bare property can transfer their right, but the buyer does not automatically acquire full ownership while the usufruct remains in effect. To sell the property free of this right, it is necessary to have the participation of the usufructuary and establish how the usufruct ends or is transferred.
It is also possible to sell only the bare property. This alternative may be interesting for certain owners who need to obtain liquidity, especially older people who want to continue living in their home. In this case, the buyer acquires the bare property and the seller retains the usufruct under the agreed conditions.
Another aspect worth considering is the financial aspect. The value of usufruct and bare ownership need not coincide with a division of the price equally. In the case of a life-time usufruct, its valuation is related to the age of the usufructuary and there are specific fiscal criteria to determine its percentage.
Before putting a property with these characteristics up for sale, it is advisable to review the deed, check the land registry status, and determine exactly who has each right. Blooming Homes We consider it fundamental to explain these circumstances from the outset to avoid erroneous expectations and facilitate a transparent operation.
Proper planning allows for knowing what can be sold, who should intervene, and how the proceeds will be distributed. When ownership and usufruct are clearly identified, the operation can be carried out with greater legal certainty and predictability.
