Usufruit et nue-propriété : droits et

Application pratique:

This case law confirms that usufruct and nue-propriété are separate rights. Martine can sell her son the bare ownership (value approx. 60% of full value, i.e. 240 000€) and retain usufruct. She must have a notaire draw up a precise act quantifying the rights and check that the sale does not trigger unwanted tax consequences (e.g. donation tax if the price is below market value). She should also include clauses ensuring her son cannot disturb her occupancy.

Application pratique:

Under this case law, the value of nue-propriété depends on the usufructuary's age. For Lucas's parents (both 60), the bare ownership is estimated at 70% of full value, i.e. about 196 000€. Lucas must ensure the mortgage lender accepts a property with a retained usufruct, as the loan will be secured on his bare ownership. The notaire must draft a vested remainder agreement detailing the parents' obligations (e.g. to maintain the property). Lucas should anticipate that after 10 years, he will become full owner, and plan for potential capital gains tax.

Application pratique:

According to this decision, the usufructuary (Sophie) may use the property and take its fruits (rents), but she cannot deteriorate the substance. Renting year-round is normally allowed if it's not abusive. Sophie should propose a written agreement limiting leases to a maximum of 6 months per year to preserve the property's condition. If Paul persists, they can seek mediation or a court order under the case's principles. Paul can also request security deposit or insurance to cover potential damage. Both should keep all receipts and correspondence in case of later dispute.