When a usufructo clause is used in a Spanish will, the ownership of a property is split into two parts: bare ownership (nuda propiedad) and usufruct (usufructo). This legal structure gives one person the right to use the property, while another holds the title.
Here’s how it works:
The surviving spouse or partner receives the usufruct—the right to live in or rent out the property for life.
The children or other heirs receive bare ownership—they legally own the property, but cannot use it until the usufruct ends.
Full ownership is restored to the heirs when the usufruct holder passes away or renounces their rights.
Why it matters: Without a clear split between usufruct and bare ownership, conflicts can arise. A properly drafted will ensures everyone’s rights are respected and prevents future disputes over the property.
