Usufruct, bare ownership, full ownership: what differences?
Verified 06 December 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Vidéo - Usufruct, bare ownership, full ownership: what differences?
“Your father had full ownership of the family home. Today, you inherit the bare property and your mother the usufruct.”
It was the notary who said it... but you didn't understand anything? Don't panic, we'll explain.
This sentence means that your rights to the house are different.
“You have bare ownership.”
That means you own the walls of the house. You can therefore decide to sell it (with the agreement of the usufructuary, your mother).
“Your mother has usufruct.”
That means that they can use the house, that is, live in it, rent it and collect the rents.
And full ownership, what is it?
It's just the combination of usufruct and ownership.
So, now, if you are told again:
“Your father had full ownership of the family home. Today, you inherit the bare property and your mother the usufruct.”
Did you understand everything?
The difference is in the amount of rights over a property. Full ownership consists of usufruct and the bare-ownership.
Rights in the property | Holders | ||
|---|---|---|---|
Owner (Full Ownership) | Bare-Owner | Usufructuary | |
Dispose of the property (for example, sell it) | Yes | Yes (on its bare-ownership) | No |
Use an asset (occupy it for example) | Yes | No | Yes |
Receive income from this property (e.g. rent) | Yes | No | Yes |
The attributes of the right of ownership (occupying a property, selling it, collecting the income) are divided between the usufructuary and the naked owner. In this case, we are talking about dismemberment of property rights.
The obligations of the usufructuary and the naked owner on the property are therefore different. In particular, the usufructuary must make all maintenance repairs. Major repairs are the responsibility of the bare owner unless they result from the lack of maintenance of the usufructuary (for a real estate property, major repairs only concern the main work).
You can use a simulator to find out how the value of a property is divided between the usufructuary and the naked owner in the event of a break-up of the right of ownership. In particular, it allows you to calculate the amount to which registration fees will be applied in case of donation, inheritance, sale, etc.
Who can help me?
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