{"id":6953,"date":"2026-01-13T12:31:06","date_gmt":"2026-01-13T11:31:06","guid":{"rendered":"https:\/\/rodriguezturabogados.com\/librarium\/inheriting-a-home-in-usufruct-rights-and-taxes\/"},"modified":"2026-01-13T12:41:57","modified_gmt":"2026-01-13T11:41:57","slug":"inheriting-a-home-in-usufruct-rights-and-taxes","status":"publish","type":"post","link":"https:\/\/rodriguezturabogados.com\/en\/librarium\/inheriting-a-home-in-usufruct-rights-and-taxes\/","title":{"rendered":"Inheriting a home in usufruct: rights and taxes"},"content":{"rendered":"\t\t
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Inheriting a home in usufruct<\/b> is a frequent situation in Spain, mainly to protect the spouse. This figure divides the rights over the property. At <\/span>Rodr\u00edguez Tur Abogados, we explain what the usufruct of an inheritance is, the obligations of the beneficiaries,<\/b> and the bare owner.<\/span><\/p>

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Life usufruct in inheritances<\/span><\/h2>
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Understanding the binomial between <\/span>usufruct and bare ownership<\/b> is essential in successions. Legally, it consists of dividing the faculties of the property. While the <\/span>usufructuary exercises the use and enjoyment<\/b>, the bare owner retains the proprietary ownership with the exercise of deferred possession.<\/span><\/p>

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The link between <\/span>inheritance and usufruct <\/b>allows the widower to keep their home after the death of their spouse. This right ends with the death of the owner, at which time the situation of <\/span>usufruct inheritance of children<\/b> is resolved.<\/span><\/p>

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Heirs must understand the obligation of the legal possessor to preserve the property. He must be legally responsible for any damage caused by negligence. You might also be interested in:<\/span> What happens if I don’t pay inheritance taxes?<\/span><\/a><\/p>

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How to inherit a house with usufruct?<\/span><\/h2>
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The process of inheriting a home in usufruct begins by <\/span>accepting it before a notary<\/b> and verifying the <\/span>existence of a will<\/b>. In Spain, in the absence of clear instructions, the legitimate rules of the<\/span> Civil Code apply<\/span><\/a>.<\/span><\/p>

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When deeding, <\/span>the share of each heir is defined<\/b>. In general, the spouse receives custody and the children the bare property. This must be recorded in the registry.<\/span><\/p>

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How is usufruct taxed in an inheritance?<\/span><\/h2>
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Managing <\/span>inheritance taxes with usufruct <\/b>requires technical precision. To settle them correctly, the right of use must be valued using these keys:<\/span><\/p>

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