Hello,Thank you for allowing us to assist you with this problem. I am not fully aware of what prior steps you have taken.
Unless the document granting the Usufruct states differently you can not sell it until the Usufruct terminates.
Usufruct is a real right in a property owned by another, normally for a limited time or until death. Simply stated, it is the right to use the property, to enjoy the fruits and income of the property, to rent the property out and to collect the rents, all to the exclusion of the underlying real or naked owner. The usufructuary has the full right to use the property but cannot dispose of the property nor can it be destroyed. The naked owners may dispose of their ownership or may mortgage the property but not in any manner that will have an adverse affect on the usufructuary. The naked owner can exercise several rights but none of them can interfere in any way with the rights of the usufructuary. A usufruct for a term terminates at the end of that term. Otherwise, a usufruct terminates at the death of the usufructuary
I'm going to assume I am the naked owner, correct? Can the usufruct agree to selling the property? or give me the property before she dies? Which that is the terms on the will, when she dies.
Sorry for the confusion. Yes, you would be the naked owner.
The Usufruct can agree to termine their right and allow the property to flow to you before the Usufruct dies.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).