A “usufructo” clause is one of the most powerful tools in Spanish estate planning. It allows a spouse or partner to use and benefit from a property without owning it outright.
Here’s how it works:
- The surviving partner can continue living in the family home.
- Legal ownership passes to heirs, usually children.
- Protects the spouse from being forced to sell or vacate the property.
This is especially important under Spanish law, where forced heirship might otherwise leave a surviving spouse with no direct claim to the family home.
Why it matters: Without a usufructo, your partner might be dependent on the goodwill of heirs—or even left homeless.
