Real estate: Selling bare ownership before the death of the usufructuary is now possible!

Receiving the bare ownership of a accommodation does not allow it to be sold for several years. A new form of contract, signed before a notary, however makes it possible to immediately receive the capital corresponding to the value of the bare ownership.

Capital video: Real estate: Selling bare ownership before the death of the usufructuary, a revolution for the heirs

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Camille and Sarah’s parents did things. In order to prevent their daughters from paying inheritance taxes raised to their death, they gave them, during their lifetime, the bare ownership From the family home, themselves by keeping the usufruct, that is to say the right to live in or to rent it. Camille and Sarah benefit at the same time from a small chest, but it is illiquid : It is not possible for them to sell the usufruct of the house as long as their parents are alive. Too bad for Camille who, at 35, would like to buy her first main residence, and for her younger Sarah, who wants to create her business. The sale of bare ownership would allow them to build a contribution, for the first, and a funding, for the second.

Stanley Nahon, associate director of Renée Costes, real estate company specializing in life anniversary and bare ownership, goes further: “Receiving a bare ownership, as part of a donation, or a succession when one of the parents died, can turn into a poisoned gift.” First because the big workas the repair of the roof, are the responsibility of the bare owner. Then, depending on the value of bare ownership, the one who receives it can be liable for tax on real estate wealth.

An act that guarantees the right of usufructurate

Two perspectives that make you want to separate as quickly as possible from this bulky bare ownership received in inheritance or by donation. Especially in the event, more and more frequent, to Recomposed families where the impossibility of selling bare ownership “Maintains links that we would like to undo, for example between the surviving mother-in-law, who keeps the usufruct of the accommodation, and the children of a deceased first bed, heirs of bare ownership”explains Stanley Nahon.

This is because a growing number of its customers are in such a situation that Renée Costes has just created a contract, baptized Herit’Immo, which allows heirs of a bare ownership of selling it without having to wait for the death of the usufructuary. Renée Costes takes care of finding an investor,, “A saver in 90% of cases” Specifies Stanley Nahon, who bought the bare ownership to the heirs, allowing them to immediately receive the value of this one in sound and stumbling cash. This act, which is done before a notary, “”Guarantees the right of usufructuary to live in the accommodation or to rent it ”underlines the leader. “We are the first to offer this in France”he assures.

A good deal for the saver-investor

On the death of his father, Vincent inherited the bare ownership of the family home of which his mother remains the usufructuary. In order to buy his main residence, Vincent wishes to sell this bare ownership and perceive immediate capital. “The inherit’immo solution allowed Vincent to buy his apartment, without changing the living environment of his mother who continues to benefit from his rights”, illustrious Stanley Nahon. Another example, a few years ago, the parents of Julie and Antoine gave them the bare ownership of their house. Today, Antoine wishes to invest in a personal real estate project and Julie does not plan to keep the house in the long term. The Herit’Immo contract allowed them to sell this bare ownership and recover the corresponding capital, while letting their parents continue to live in the house as before.

As for the savingsman or the institutional investor, like the Certivia fund of the Caisse des Dépôts, which acquires bare ownership, he makes a good deal By buying a cheaper property. For example, he pays only 150,000 euros to acquire the bare ownership of a house whose full ownership he will mechanically recover the death of the usufructuary. A matter of patience, however, the usufructuary that can live for a long time …