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José M.
José M., Attorney
Category: General
Satisfied Customers: 4769
Experience:  Spanish Attorney
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My father just died. He lived in Spain and owned a house there

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My father just died. He lived in Spain and owned a house there with his wife, not my mother. His wife did not live there, she lives in Norway and just spend holydays there. They made a testament where they gave each other "osu fructo" I donot quite understand the full meaning of the "osu fructo" I heard that it means that she can use the house as she wishes, and even make it impossible for me to use it. I would like to know the full meaning of the "osu fructo" and the consequense it has for me and my brother who are my fathers ares. Thank you.
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.

Attorney3044 :

Hi there

Attorney3044 :

I am going to explain what is the legal meaning of usufructo

Attorney3044 :

Usufructo divides the rights over the propiety in two

Attorney3044 :

The naked ownership ( He is you ) and the user's right ( Her right )

Attorney3044 :

She can use and rent the house, the money gotten its for her, but she cannot sell the property. She has only the right to use

Attorney3044 :

I am going to paste the meaning of usufructo concept in english

Attorney3044 :

What it means is a person or persons have a cast iron right to live in a house or piece of land for life. It also allows the named person to live, farm the land and to harvest the land for the rest of his life without charge. However, the named person does not own the land or can sell the land. Once the named person becomes deceased the land reverts to the owner or is passed on to his heirs.


The legal arrangement in Spain is signed and witnessed with a local a notary and is stated in the property deeds (escrituro). The legal owner and his heirs are powerless to sell the property until the person named as ‘usufructo vitalicio’ has died. In order for the legal owner to sell the property he will need to have the named person’s death certificate. The name will in most cases need to be removed from the deeds and this will incur a charge.


This arrangement may seem a very odd thing to happen, but there are circumstances where such a legal definition is advantageous. For example: to enable someone a legal right of way across the property or a right to graze cattle on the land but without right of ownership.


In some instances, it will allow a common in law partner to remain living in a property after the death of the other for life without it affecting the legal ownership of the premises. Once the remaining partner has died the property will go to the original partner’s estate.


In Spanish law, one can force the sell of a jointly owned property should one of the joint owners wish it. If the other owner resists selling the property can still be sold after the matter has been settled in court. With a usufructo vitalicio arrangement, the property cannot be sold under any circumstances whilst the named person on the deeds remains alive. In practice, the named person may not have legal ownership but has more security than a joint owner.


Under usufructo vitalicio agreement, the named person has full right of use of the property in every regard except one. He is not permitted to cause damage to the property in any way. There may be an additional agreement regarding upkeep expenses but no charge for rent.

Attorney3044 :

Also I am going to give you the link to the spanissh civil code

Attorney3044 :

Read articles 467 and more

Attorney3044 :

471 and more gives you the rights of each part

Attorney3044 :

All your/ her rights and obligationts are in this code

Attorney3044 :

Please let me know if you have more doubts, I will be here to answer them

Attorney3044 :

Best regards

Customer:

Thank you very much. I have more questions. This is a litle complicated. My father and his wife bought this house in 1988. They were not married at that time but they bought the house 50/50. They have each 2 children from other marriage, and no children together. After they got married they made the "Uso fructo". What happens with her part when she dies. The testament says that the heirs inheritage the part of their parent when one of them dies.

Attorney3044 :

Is she spanish ?

Customer:

no, norwegian and he was danish but with spanish residencia

Attorney3044 :

Well, in order what is going to happend when she dies we will have to ask a norwegain lawyer, because the aplicable law its norwegien

Attorney3044 :

In all cases, you could ask demand in court to sell your right in all moment

Attorney3044 :

Better if you negotiate a price with her

Customer:

well the thing is my broyher and I would like to keep the house and use it. It was my fathers home.

Attorney3044 :

No, you have no right to use

Attorney3044 :

Once she will be passed you could manage an arregement to use with her inhereditors

Customer:

My father and his wife got divorced in october but they never finished the divorced setlement. Will the uso fructo still be valid after divorce?

Attorney3044 :

Yes

Attorney3044 :

If your father did not change the will the usufructo remains

Attorney3044 :

I suppose you have check the last will or testament of him, havent you?

Attorney3044 :

Its hard to think they divorced and he did not change the testament...

Customer:

Yes I have. It was set up in 2009. I know my father was planning to change it but it was a complicated relations ship he had. And he died very sudden.

Attorney3044 :

I see...

Attorney3044 :

I suppose you know you have the chance to check in Spain if there are more testaments in te spanish justice ministery...

Customer:

We want to find a good solution and negitiate with his exwife. She never lived there just stayed for some extended holidays. She lives in a house in N. Do you have any suggestions how to solve this the best way for everybody?

Customer:

ok, I will check again.

Attorney3044 :

The best way its to sell your right to her

Attorney3044 :

Even in a very small price you will get a good answer

Attorney3044 :

They will get an advantage of it for sure

Attorney3044 :

But I think its better a litlle money today than nothing and problems tomorrow

Attorney3044 :

In court there will be only expenses

Attorney3044 :

Its the only eay

Attorney3044 :

The only way, to sell her

Attorney3044 :

I have to leave now, If you have more doubts I will answer them asap

Attorney3044 :

Thank you

Customer:

Ok. Thank you very much, have anice day!

Attorney3044 :

Thank you

Attorney3044 :

Im sorry for that, but i will be here soon

Attorney3044 :

If you want to ask something alse leave your question and I will answer them

Attorney3044 :

Thank you

Expert:  José M. replied 1 year ago.

I igently ask for a good evaluation of the service in order to get paid from the site

If you got more doubts please to let me know them

Thank you

José M., Attorney
Category: Spain Law
Satisfied Customers: 4769
Experience: Spanish Attorney
José M. and other Spain Law Specialists are ready to help you

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