At AYCE Laborytax we are aware of how complicated the real estate world can be for ordinary citizens. That is why in today’s post we wanted to deal with a topic as interesting as the
bare property and usufruct,
explaining what each term consists of and the differences between the two.
What is bare home ownership?
When we talk about bare property we are referring to the ownership of a home by an individual, which in no case can use or enjoy.
The term bare property is used because the house is, in some way, naked.
That said, in the bare property an individual owns the dwelling, but has no right to usufruct,or what is the same, to use and enjoyment.
And the usufruct of a house?
Usufruct is the utility or profit that is obtained from a thing.
This means that the person who owns the usufruct of a dwelling, has full right to enjoy it, always with the obligationto keep it, without becoming the owner at any time.
The usufructuary person does not have the right to make modifications, tax or sell the house.
Main differences between the rights of bare property and usufruct
In view of the
differences between bare ownership and usufruct,
it is important to stress that these are two distinct rights.
In case of having only the bare property, the person will own the house, but will not be ableto enjoy it, nor carry out any action that gives him economic benefits.
On the other hand, people who have only the right to the usufruct of a home, will have the right to enjoy it, but in no case will they be the owners.
Here it is worth noting that the right of usufruct is temporary, which means that there will come a time when said usufruct ends.
Can you sell the bare ownership of a home and continue to enjoy it?
In recent times we have been able to see how many homeowners have taken advantage of the formula of selling the bare property, maintaining the usufruct of the house.
This allows them to sell their house, get all the economic benefits, and continue to live in it without having possession of it.
This formula is usually welcomed especially by people free of heirs,elderly people who seek to improve their quality of life, with economic difficulties,as well as those who seek to ensure the well-being of their children or close relatives.
5 Key points of the bare property
By buying a home in its entirety,a person obtains full ownership of the property, or what is the same, the bare property and usufruct.
If such a person later decides to sell only the bare property, it would mean that he would continue to enjoy the usufruct of the house until the moment of his death.
Does the bare property offer immediate possession?
The bare ownership of a home refers to the right that a person has over it, but not the right to enjoy it.
If a person acquires the bare ownership of a home, he will be the owner from the moment the purchase is formalized, but not the possessor,since the usufruct still continues to belong to the previous owner.
The bare property gives the right to enjoy the house at the end of the usufruct
The person who acquires the bare property will be able to enjoy the house once the usufruct has been extinguished, either by death or for other reasons.
The usufructuary will be able to obtain economic benefits from the house
The sale of the bare property will allow the usufructuary to continue enjoying the house, being able to even rent it in case of not wanting to live in it, and obtain the full benefits of said income.
The usufructuary has the right to enjoy the dwelling forever with a total guarantee,as long as it has been registered by means of a deed before a notary.
In addition, you will receive the amount of the sale in one go, at the time the bare property is transferred.
When selling the bare property, the owner of the house as well as the usufructuary will share expenses.
The person who enjoys it will have to face only the ordinary expenses such as electricity, gas or water, while the owner will have to take care of the community
expenses, the IBI (Property Tax)
or the garbage rate, among others.
In short, the
right to bare property and usufruct
gives rise to a formula that allows a person to sell his house, while continuing to live in it.
Given the differences between the bare property and the usufruct, if you still have doubts, you can contact the advisors of AYCE Laborytax. We will be happy to assist you and advise you on everything you need.
We are waiting for you!