What Does it Mean to be a Usufructuary of a Home?

Usufruct is a common legal figure in situations such as inheritances or donations, and it can generate certain doubts if its implications are not well known. In this post, we explain what it means to be a usufructuary of a home, what your rights and obligations are, and how to manage it correctly.

Being a usufructuary implies having the legal right to use and enjoy an asset, even if you are not listed as the owner in the registry. This right can be established for a specific period or extended throughout the life of the usufructuary, according to what has been agreed or what is determined by an inheritance or donation.

During that time, the usufructuary can reside in the home, rent it, or transfer its use, always respecting the legal limits and without compromising the integrity or ownership of the property. For its part, the owner, known as the bare owner, retains legal ownership but cannot fully exercise it until the usufruct ends.

This is usually a person designated in a will or in a legal agreement. A very common situation occurs in inheritances, where, for example, the spouse receives the use and enjoyment of the home, while the children become the bare owners. This allows the spouse to live in the home during their life, and the children to inherit full ownership once the usufruct has ended.

It also occurs in cases of donations. For example, parents can transfer ownership of a home to their children but reserve the usufruct of the home to continue living in or enjoying it while they live. This is a common way to plan for the future, maintaining the stability of the parents and, at the same time, ensuring that the children inherit the house.

What are the Implications of Being the Usufructuary of a Home?

Becoming a usufructuary of a home implies acquiring a series of rights, but also assuming certain responsibilities. Although you do not have legal ownership of the property, you do have the power to fully enjoy it for the duration of the usufruct, whether temporary or for life. Below, we detail the main rights and obligations of this figure.

• Use and enjoyment of the home: the usufructuary can reside in it or allow others to do so.
• Receive income: you can rent the home and benefit from the income obtained.
• Transfer the usufruct: in some cases, you can transfer your right to another person, although without transferring ownership
• Maintain the right in force until it is extinguished by the agreed time, death, or resignation.

Obligations of the Usufructuary

• Keep the property in good condition, carrying out the necessary ordinary repairs.
• Assume the daily expenses such as supplies (water, electricity, gas) and small repairs.
• Pay the IBI, unless otherwise agreed between the parties.
• Do not alter the destination of the property, or carry out works that substantially transform it.

What Does the Usufructuary of a Home Pay for?

One of the most important questions in relation to this topic is what the usufructuary of a home pays for. In general, the usufructuary is responsible for the common maintenance expenses of the home, such as small repairs or the payment of supplies (water, electricity, gas, etc.). In this way, the home is kept in good condition while the usufructuary enjoys it.

As for the large expenses, such as structural repairs or other important improvements, they usually correspond to the bare owner. The Real Estate Tax (IBI) is usually a responsibility of the usufructuary, but this may vary depending on the agreement between the parties.

What is the Difference between Owner and Usufructuary?

The main difference between the owner and the usufructuary lies in the rights that each one has over the home. The owner, also called the bare owner, is the one who legally appears as the owner of the property, but cannot use or enjoy it while there is an active usufruct. For its part, the usufructuary has the right to use the home and obtain benefits from it (such as living in it or renting it), although they cannot sell it or make structural modifications.

How Can Espígul Help You if You are a Usufructuary?

At Espígul we work to offer you the best real estate advice, also in special situations such as usufruct. If you are considering transferring the use of a home, selling a property with usufruct, or simply need to understand your rights, we are here to help you.

We analyze your case in a personalized way, we explain each step clearly, and we accompany you so that you make safe and well-informed decisions.

Contact us and we will resolve all your doubts about the usufruct of a home.