Start / Sell floor with usufruct in Malaga

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If you have an apartment with usufructuary in Malaga and want to sell it, we explain all the necessary steps to get it successfully.

We take care of selling your floor with usufruct in Malaga in a easily and easily. We have customers interested in buying floors with usufruct, which will transfer a formal offer in a short time and take care of the entire process to the signature before a notary.

Sell apartment with usufruct

Get in touch and one of our advisors will be in charge of advising you and managing the entire process. You can sell your floor with fast usufruct and without having to take care of any procedure.

Once we have your buyer the process until the firm before a notary will be in charge of our team.

Can you sell an apartment with usufruct?

Yes, without any problem. In this case, the seller transmits only the property and the usufructuary continues to be vital.

As a general rule, the floors with usufruct are sold in cash, since the buyer needs the authorization of the usufructuary to mortgage the house.

How does a floor with usufruct sell?

In the same way as a normal sale, with the exception that a percentage of the house is transmitted, since another percentage falls on the usufructuary.

The new owner, if you want to have the full domain of the house, must buy the part of the usufruct or wait for your death.

Sell floor with life usufruct

Explain your case to us and we will take care of everything until the signature before a notary. We will assign you an advisor who will accompany you throughout the entire process.

Steps to sell an apartment with usufruct in Malaga

Ask for your free advice
Explain your case
We prepare a report
We present you an offer
We accompany you to the signing before a notary
After-sales service for changing supplies and procedures

What is usufruct?

Usufruct is the right to use and enjoy someone else's property.

What rights does the usufruct have?

The usufruct gives the right to enjoy the property of others with the obligation to preserve its
form and substance, unless the title of its constitution or the law authorize otherwise.
Article 467 of the Civil Code
The owner of this right is called the usufructuary.

On the other hand, the holder of the domain of the usufruct good, who
You will not be able to make use of said property because you do not have the right of usufruct.
The usufructuary may enjoy the usufructuated asset for the duration of the
usufruct. You will not be able to dispose of the usufruct asset, but you will be able to dispose of your usufruct right.

Example: If a person has the usufruct of a home, they can live in it or even
rent it and receive the rents. In no case can you sell the home (because it is not
your property), but your right of usufruct over it. In that case the buyer
acquires the right of usufruct and has the same benefits and obligations as the
seller usufructuary.

Characteristics of the usufruct

It is a real right in someone else's property.
The object of the usufruct is not part of the estate of the usufructuary but of the
patrimony of the owner node.
It is a right of complete enjoyment.
The usufructuary may enjoy all the benefits of the thing in usufruct.
It is a temporary right.

Valoracasa Inmobiliaria has a Lawyers service if you need any questions. Contact us at 695033558 o al Cruzhumilladero@valoracasa.es

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Put to sale floor with usufruct in Malaga

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How long does a usufruct last?

This can never be indefinite, it has to have a duration.
The usufruct, if nothing has been agreed that contradicts it, is for life: the extinction of the right only occurs upon the death of the usufructuary or by express waiver of that right by the same.
Among the most common agreements that occur between holders of bare ownership and usufructuaries are the expiration of the right: the usufruct has a temporary nature; the subsequent condition: the circumstance that has been previously agreed upon; or the destruction or disabling of the thing on which the right of usufruct is exercised: damages cannot be claimed from the owner for the loss.

The duration of the usufruct will depend on who the usufructuary is. If the usufructuary is a natural person, the duration may be:
For a period of time: for example for 25 years (temporary).
For the life of the usufructuary (life).
If the usufructuary is a town, Corporation or Society, the duration of the usufruct may not exceed 30 years.

Types of usufruct according to its constitution
The usufruct is constituted by law, by the will of individuals and by usucapion.

Legal usufruct:

It is the usufruct constituted by legal provision.
Currently, in our law there is only the legal usufruct of the widowed spouse.
The widowed spouse, not legally or de facto separated at the time of death, will have the right to receive as legitimate:
The usufruct of the third of improvement, if he attends the inheritance with children or descendants.
The usufruct of half of the inheritance, if there are no children, but there are ascendants.
In the case of the usufruct of two thirds of the inheritance, there being no descendants or ascendants.
voluntary usufruct

The main source of constitution of the usufruct is the constitutive title by agreement of the interested parties.
This constitutive title may be:
- Inter-vivos: By agreement of the interested parties in life. For example, a person buys a farm and reserves the usufruct to her father.
- Death causes. By will. For example, the testator may leave the usufruct of his home to a son and the bare property to a grandson.
Usufruct by usucapion:
The usucapión or acquisitive prescription is a way of acquiring the property of an asset, if certain legal requirements and deadlines are met.

The object of the usufruct can be:
- Usufruct of material assets (movable or immovable).
- Usufruct of Rights.
The usufruct may fall on:
- All the thing.
- Part of her.
A fee if the property belongs to several people (proindiviso).
The following types of special usufructs can be distinguished, among others, according to their object:
Usufruct on material goods:

deterioratable things
The usufructuary may use things that, without being consumed, deteriorate little by little due to their use or the passage of time.
In this case, the usufructuary must:
Use them according to their destiny.
Return them in the state in which they are, at the end of the usufruct.
Compensate the owner for damage caused by his fault.
Example: A perishable asset would be a statue or painting that deteriorates over time but is not consumed.

consumable things
If the usufructuated thing cannot be used without being consumed, the usufructuary may use them and must:
Pay the amount of its value at the end of the usufruct.
If they have not been valued, return an equal amount or pay their price.
Example: Usufruct of money.

Montes
The usufructuary shall enjoy all the uses that it may produce according to its nature.
trees tree plantations
The usufruct can fall on vineyards, olive groves and other bushes.
The usufructuary may receive the natural fruits derived from said plantations.
cattle or herd

In this case, the usufructuary must replace the offspring of the heads of cattle that die each year, in an ordinary way or due to predator attacks.
Usufruct of rights
The usufruct can fall on a right, as long as it is not highly personal or non-transferable.
The usufructuary acquires the benefits or utilities reported by the usufruct right.
For example: Usufruct on a credit right. The usufructuary will receive only the interest.

Types of usufruct according to their duration

temporary usufruct

It is one that is granted for a certain period of time. This period, as a general rule, is set in the title establishing the usufruct.

Usufruct for life

It is one whose duration ends when the usufructuary dies.

Termination of usufruct
The legal causes of extinction of the right of usufruct are the following:

Death of the usufructuary
However, the usufruct constituted in favor of several people (successive usufruct) will be extinguished when the last of them dies.
Expiration of the term or fulfillment of the subsequent condition.
The usufruct will end once the stipulated term arrives or the established resolutory condition is fulfilled.
If the usufructuary dies before the term or condition is met, the usufruct will also be terminated.
In this case, in order for the usufruct to continue in favor of the successors of the usufructuary, it will be necessary that this has been expressly agreed.
For example: if the usufruct is constituted for a term of 25 years and the usufructuary dies before, the usufruct is extinguished, unless otherwise agreed.

A special assumption would be the usufruct for the time it takes for a third party to reach a certain age.
If the usufruct is granted for the time it takes for a third party to reach a certain age (25 years for example), even if he dies before (with 18 years), the remaining time (7 years) will subsist until the predetermined age, unless the usufruct has been expressly granted in response to the existence of that person.
Consolidation

Consolidation occurs when the usufruct and bare ownership are combined in the same person.
This will occur when the usufructuary acquires, by any title, the bare ownership.
Resignation of the usufructuary

The power that the usufructuary has to waive the usufruct has limitations:
If the waiver is made in creditor fraud, rescission may be requested.
If the usufruct is mortgaged, the mortgage is not extinguished until:
fulfillment of the secured obligation (payment), or expiration of the duration of the usufruct if there has been no waiver.
Total loss of the object of usufruct. If the loss is partial, the usufruct will continue over the rest.

In case of loss due to forced expropriation, the bare owner must:
Replace the object in usufruct, or pay the usufructuary the legal interest on the amount of compensation for the total time of the usufruct.
Cease in his right the one who constituted him
That is, if the person who constituted the usufruct loses his right to the thing in usufruct.

extinctive prescription
When the usufructuary stops using his right during the time established by law.
Effects of the extinction of the usufruct
End of usufruct:
The thing in usufruct will be delivered to the owner, consolidating the domain.
The usufructuary or his heirs shall retain the right to retain the thing, until the disbursements made in the usufruct are paid.

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Sell apartment with usufruct

Can you sell an apartment with usufruct?

How does a floor with usufruct sell?

Sell floor with life usufruct

Steps to sell an apartment with usufruct in Malaga

What is usufruct?

What rights does the usufruct have?

Characteristics of the usufruct

Put to sale floor with usufruct in Malaga

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Sell ​​floor with usufruct in Malaga

SELL YOUR APARTMENT

WITH USUFRUCT

STAY CALM, VALORACASA TAKES CARE OF EVERYTHING.

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Sell ​​apartment with usufruct

Can you sell an apartment with usufruct?

How does a floor with usufruct sell?

Sell ​​floor with life usufruct

Steps to sell an apartment with usufruct in Malaga

What is usufruct?

What rights does the usufruct have?

Characteristics of the usufruct

Put to sale floor with usufruct in Malaga

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