When a home is inherited in usufruct, a right to use it is acquired, but not the property, which falls on the figure of the bare owner. Thus, you can inherit a home in usufruct, but not inherit a usufruct, since this is extinguished with the death of the person.
“Inheriting a home in usufruct consists of inheriting the use and enjoyment, but not the ownership, which falls to a third person,” they explain from donpiso, which means that “the bare owner is the owner of the home, but cannot use of it or sell it. What advantages does it have for the usufructuary?
The bare owner of a home has limited power over it, since he cannot sell it in its entirety or enjoy it (if he can sell his bare ownership). For his part, the usufructuary has to take charge of limited expenses, since most of these fall on the bare owner. From donpiso they point out that if the interest of the heir is the use of the house, he will benefit greatly from this situation.
Another option for the usufructuary is the rental of the property. By having the right of use, the usufructuary can obtain income from the property, although limits to this right can be established in the will.
Obligations
The usufructuary also has a series of obligations, such as assuming the tax burden of the property upon inheriting it. In this way, you will have to face the payment of inheritance tax and IBI. As a specific obligation, a usufruct obliges to return the home in the same conditions in which it was given. This happens due to the need to detail and appraise all the assets of the property to return it in perfect condition.
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