BOE-A-2026-3781 ·18 February 2026 ·Resolution Low impact
Tax

Bare owner: termination of a life usufruct requires the death of the transferring usufructuary, not the assignee

The Directorate General for Legal Certainty and Public Faith confirms that the onerous assignment of a usufruct does not alter its original duration unless an express agreement for objective novation exists. In this case, the termination of the life interest occurs only upon the death of the transferring usufructuary and not that of the assignee (Art. 498 Civil Code). Consequently, the consolidation of full ownership does not occur upon the death of the assignee if the original title links the duration to the life of the transferor.

In 2 key points

  1. Onerous assignment does not eliminate the usufructuary's obligations to the bare owner (Art. 498 Civil Code) (art. 498 Código Civil)
  2. The termination of a life usufruct occurs upon the death of the transferring usufructuary, not the assignee (art. 498 Código Civil)

How it affects those involved

For bare owners, the assignment of a usufruct to a third party does not automatically extinguish the right upon the death of said third party, maintaining the encumbrance on the property until the original usufructuary passes away (Art. 498 Civil Code). Holders of usufruct rights wishing to modify the duration of the right through assignment must formalise an objective novation linking it to the life of the assignee to avoid this effect.

Lifecycle

2026-02-18PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.
PDF on boe.es

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