Question 1

What is usufruct?

Accepted Answer

Usufruct is a real right that allows the use and enjoyment of someone else's property while receiving its fruits, without altering its form or substance. The usufructuary has use and enjoyment; the bare owner retains ownership.

Question 2

How long does widowhood usufruct last?

Accepted Answer

Life usufruct lasts for the lifetime of the usufructuary. In Catalonia, the surviving spouse has universal usufruct of the estate (art. 442-3 CCCat) unless there is a different testamentary provision.

Question 3

What is the difference between usufruct and bare ownership?

Accepted Answer

The usufructuary has the right of use and enjoyment of the property (can live in it, rent it out, receive its fruits). The bare owner holds title but cannot use it while the usufruct lasts. When the usufructuary dies, full ownership automatically consolidates in the bare owner.

Question 4

Can the usufructuary sell the property?

Accepted Answer

No. The usufructuary may transfer their usufruct right, but cannot sell the property, as they are not the owner. To sell full ownership, usufructuary and bare owner must act together.

Question 5

How is widowhood usufruct extinguished?

Accepted Answer

Life usufruct is extinguished upon the death of the usufructuary. It may also be extinguished by renunciation, consolidation (if the usufructuary inherits the bare ownership), or loss of the property. It cannot be extinguished by the bare owner's debts.

Question 6

Is usufruct subject to income tax?

Accepted Answer

Yes. The usufructuary pays income tax on income obtained from the property (rents, etc.) as capital income. The establishment of the usufruct may also generate tax in Inheritance and Gift Tax or Transfer Tax, depending on its origin.

Question 7

What happens with usufruct in an inheritance?

Accepted Answer

In an inheritance, the testator may leave usufruct to one person (usually the spouse) and bare ownership to another (usually the children). When the usufructuary dies, the bare owners automatically consolidate full ownership.

Question 8

How is the value of usufruct calculated?

Accepted Answer

The value of life usufruct is calculated using the tax formula: 89% minus the age of the usufructuary (with a minimum of 10%). For temporary usufruct, 2% of the property value per year of duration, with a maximum of 70%.

Specialist Usufruct Lawyers

What is Usufruct?

Types of Usufruct

Extinction of Usufruct

Death of the usufructuary (in life usufruct)

Expiry of the agreed term (in temporary usufruct)

Consolidation (union in the same person of usufruct and bare ownership)

Renunciation by the usufructuary

Total loss of the property

Resolution of the constituting right

Prescription through non-use (30 years)

Widowhood Usufruct in Catalonia

Frequently Asked Questions about Usufruct

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