September 1st, 2026
BUYING A RESIDENTIAL PROPERTY SUBJECT TO A USUFRUCT: ADVANTAGES AND DISADVANTAGES
Firstly it is important to understand that usufruct is the legal right held by a person known as the usufructuary to use and enjoy a asset that belongs to another person who holds bare ownership. Once the usufruct expires the bare owner automatically acquires full ownership of the property.
In Spain, this is primarily regulated by the Civil Code.
In the case of a residential property a usufruct grants not only the right to reside in the property but also the right to rent it out and collect the rental income, always within the established legal limits.
Depending on its duration a usufruct may be temporary (lasting until a specific date or for a set period) or for life (normally lasting until the death of the usufructuary). A temporary usufruct allows the bare owner to better plan when they will regain the use of the property, unlike a life usufruct where the timeframe is uncertain.
Depending on who holds the right of usufruct it may be individual (when it belongs to a single person), joint (when it is established in favour of several people and may last until the death of the last survivor) or successive (when it belongs to one person and may subsequently pass to another, provided it has been validly established and within the legal limits).
Depending on its origin we can speak of voluntary usufruct (established by agreement, normally by means of a public deed, or by testamentary disposition), legal usufruct (arising directly from the law in the cases provided for) or usufruct by prescription (established by adverse possession, that is through continuous possession of the property over a legally defined period and in compliance with established legal requirements).
When purchasing a residential property with a right of usufruct it is most commonly a for life usufruct. Below we set out the advantages and disadvantages that such a transaction may entail.
Advantages:
- Lower purchase price:This is the main advantage. You are purchasing a property right whose enjoyment is deferred, so it can cost considerably less than full ownership.
- Potential for long-term appreciation: If the property market rises the property may increase in value while you retain bare ownership. However, market performance is not guaranteed.
- Lower initial investment:You can gain access to a property with a higher market value using less capital than would be required to purchase it with full ownership.
- Future consolidation of ownership:When the usufruct expires, the bare owner assumes full ownership in accordance with applicable legal conditions.
Disadvantages:
- It is unknown when the property will become available: Since this is a for lifeusufruct, it can last for many years. The usufructuary’s age helps calculate its actuarial value, but does not allow for predicting when the property will be available for use.
- The investment funds are tied up:As a general rule the bare owner will not receive rental income from the property nor will they be able to live in it while another person retains the usufruct. It is an investment with limited liquidity.
- Potential expenses without the benefit of using the property:Depending on the law and the terms of the agreement the bare owner may have to cover extraordinary repairs and certain expenses.
- A subsequent sale may be difficult:Bare ownership can be sold, but the buyer will acquire a right that is limited by the existing usufruct. This reduces the number of potential buyers.
