Buying Jointly with Usufruct: The 2025 Guide to Optimize Your Real Estate Purchase with Several People

Buying a property together is already a strategic approach, but combining it with a division of ownership such as usufruct allows you to go even further. This asset arrangement, although technical, offers very interesting tax, inheritance and management advantages.

In this article, find out in detail how Buy jointly with usufruct can become a powerful tool for protection and transmission.

‍

Definition: what is a joint ownership purchase with usufruct?

The purchase in joint ownership with usufruct combines two legal concepts: indivision, where several people own a property together, and the Dismemberment of property, where we separate freehold into usufruct (the right to use the property or to receive income from it) and Bare property (the ownership of the property without the right of use).

‍

Usufruct vs bare ownership: key concepts

THEusufructuary can live in the property or rent it, while the Bare owner holds real ownership of the property, but without enjoying it until the usufruct is extinguished.

‍

Indivision: property shared between several people

In joint ownership, each co-purchaser has a Quota. They may be persons with the same rights or with different rights, as in the case of a usufructuary and several naked owners.

‍

How is usufruct combined with indivision?

It is possible to acquire a property where A person owns the usufruct and Others the bare property, while being All in undivided. For example, this allows a parent to keep the use of the property while transmitting it to their children during their lifetime.

‍

Want to know more about buying jointly? Read this article.

‍

Who can buy jointly with usufruct?

The purchase in joint ownership combined with the dismemberment of the property is a flexible legal solution that adapts to many profiles. Whether to anticipate a transmission, to secure a loved one or to optimize an investment, this arrangement offers a range of possible uses.

‍

Families: parents and children, siblings

It is one of the most common cases. A parent buys with their children and chooses to keep theusufruct Well, leaving to his children the Bare property.

Advantages:

• The parent can live in the property or collect the rent For life.
• Upon his death, children get full ownership at no additional cost, since the bare property already belonged to them.
• This assembly allows a gradual transmission of assets, while maintaining some control for parents.

💡 Real example: A widowed mother buys a second home with her two children. She keeps the usufruct to spend her retirement there. The children will have no inheritance tax to pay upon his death, because the bare ownership was passed on to them beforehand.

‍

Couples: married, in civil partnerships or cohabiting

A couple can also buy jointly with dismemberment, in particular via a cross dismemberment, very protective for unmarried couples.

• Each spouse has the Bare ownership on his part And theusufruct on the other hand.
• In the event of death, The survivor retains full use of the property, without going through succession.

This mechanism is particularly relevant when the couple does not have a strong legal relationship (neither marriage, nor PACS), which prevents the deceased's share from returning to his family.

⚠️ Attention: this type of assembly must be accompanied by a precise notarial act, in particular in terms of taxation and protection in the event of separation.

‍

Investors or asset partners

Partners or members of the same family can structure a purchase at will. Patrimonial and fiscal, in particular via:

• The attribution of usufruct to a corporation (e.g.: SCI or operating company),
• And of the Bare property to heirs (often children).

This allows you to:

• Optimize the income taxation (the usufructuary receives the rents, the non-owners have no taxable income),
• Anticipate a low-cost transmission,
• Separate roles: society or the parent exploits the property, children build their assets at a later time.

💡 Concrete case: a business owner buys an apartment with his children. He keeps the usufruct via his SCI to house an employee there, while his children own the bare ownership. In the long run, they get back a well-paid, valued asset without financial effort.

‍

Why combine indivision and usufruct?

Associate indivision and Dismemberment of property makes it possible to meet several financial, fiscal and family objectives at the same time. This legal framework is regularly used by notaries and wealth management advisers as part of inheritance, protection or inheritance optimization strategies.

‍

Tax optimization and inheritance transfer

Dismemberment allows transfer real estate while significantly reducing inheritance taxes. In fact, only the Bare property is transmitted, the usufruct being retained by the donor.

Upon the death of the usufructuary:

• The usufruct is extinguished naturally,
• The naked owner becomes full owner without having to pay additional fees, in accordance with article 669 of the CGI.

This device is particularly suitable for early donations, allowing you to give a property to your children while maintaining its use or rental income.

‍

Protection of a spouse or a loved one

Indivision with usufruct is a powerful tool for protect a surviving spouse, especially in blended families or unmarried couples.

By attributing usufruct to his spouse (or PACS partner), the latter:

• Can inhabit the property for life,
• Or collect the rent if it is rented.

During this time, children from a first union can hold the Bare property, thus securing their inheritance while guaranteeing the use of the home to the spouse.

This type of assembly allows you toavoid inheritance disputes, while respecting family balances.

‍

Progressive transmission and maintained control

Thanks to dismemberment, it is possible to Gradually donate real estate, while maintaining some control. For example:

• A parent can pass on bare ownership to their children,
• All in keeping the usufruct, which allows him to stay in the house or to collect the rent.

This assembly allows:

• OFanticipate the transmission of assets,
• OFreduce taxation on successions,
• And to maintain the management or enjoyment of the property throughout one's life.

‍

How does this legal structure work?

The purchase in joint ownership with division of ownership is based on a precise legal organization, which must be anticipated and formalized rigorously. This structure is based on three fundamental pillars: the distribution of rights, the notarial act, and the joint ownership agreement.

Distribution of shares between usufructuary and bare owner

Dismemberment consists of unlink two rights to the same property :

• Usufruct, which allows it to be occupied or rented, and to receive the benefits.
• The bare property, which gives full ownership at term, upon the death of the usufructuary or upon the extinction of his rights.

In a joint ownership purchase, the co-purchasers can to be distributed freely these rights in accordance with their family situation, their wealth objective or their financial contribution.

Examples:

• A parent finances the entire property but keeps the usufruct, the children receive bare ownership.
• Two spouses contribute 50/50 but agree to cross dismemberment to protect each other.

👉 The respective value of rights must be calculated according to the scale of article 669 of the CGI, according to the age of the usufructuary. These proportions are essential for fixing undivided shares, distributing rights and avoiding tax adjustments.

‍

Drafting an adapted notarial act

The purchase must be formalized by authentic act before a notary, who:

• Precisely identify each purchaser and its right (usufruct or bare ownership),
• Calculate and mention the value of each real right,
• Insure it respect for legal and fiscal balance editing,
• Inscribe these elements in the bill of sale, to make them enforceable against third parties.

The notary also ensures the compliance with tax legislation, especially if the dismemberment is linked to a partial donation or to a complex asset strategy.

⚖️ In the event of poor distribution or unclear wording, the arrangement may be contested by the tax authorities or an heir to

opening of the succession.

‍

Indivision agreement with clauses specific to dismemberment

The writing of a indivision agreement is highly recommended — and often essential — in this type of structuring. It allows Define operating rules between co-owners and to anticipate potential sources of conflict.

In particular, it must include specific clauses related to dismemberment, such as:

• The distribution of burdens and works: Who takes care of current repairs (usufructuary) and major repairs (bare owner)?
• Rental income management: assigned to the usufructuary unless otherwise agreed.
• The procedure in case of sale: conditions for the repurchase of shares, priority given to co-undivided shareholders, rules of disagreement.
• The end of usufruct or joint ownership: What happens when usufruct expires? Is the property up for sale? Can the other party redeem?

This agreement, drawn up by the notary, Avoid blockages, protects the parties and oversees the relationships between the purchasers throughout the life of the property.

‍

How does this legal structure work?

The purchase in joint ownership with division of ownership is based on a precise legal organization, which must be anticipated and formalized. This structure is based on three fundamental pillars: the distribution of rights, the notarial act, and the joint ownership agreement.

‍

Distribution of shares between usufructuary and bare owner

Dismemberment consists of unlink two rights to the same property :

• Usufruct, which allows it to be occupied or rented, and to receive the benefits.
• The bare property, which gives full ownership at term, upon the death of the usufructuary or upon the extinction of his rights.

In a joint ownership purchase, the co-purchasers can to be distributed freely these rights in accordance with their family situation, their wealth objective or their financial contribution.

Examples:

• A parent finances the entire property but keeps the usufruct, the children receive bare ownership.
• Two spouses contribute 50/50 but agree to cross dismemberment to protect each other.

👉 The respective value of rights must be calculated according to the scale of article 669 of the CGI, according to the age of the usufructuary. These proportions are essential for fixing undivided shares, distributing rights and avoiding tax adjustments.

‍

Drafting an adapted notarial act

The purchase must be formalized by authentic act before a notary, who:

• Precisely identify each purchaser and its right (usufruct or bare ownership),
• Calculate and mention the value of each real right,
• Insure it respect for legal and fiscal balance editing,
• Inscribe these elements in the bill of sale, to make them enforceable against third parties.

The notary also ensures the compliance with tax legislation, especially if the dismemberment is linked to a partial donation or to a complex asset strategy.

⚖️ In the event of poor distribution or unclear wording, the arrangement may be contested by the tax authorities or an heir at the opening of the succession.

‍

Indivision agreement with clauses specific to dismemberment

The writing of a indivision agreement is highly recommended and often indispensable in this type of structuring. It allows Define operating rules between co-owners and to anticipate potential sources of conflict.

In particular, it must include specific clauses related to dismemberment, such as:

• The distribution of burdens and works: Who takes care of current repairs (usufructuary) and major repairs (bare owner)?
• Rental income management: assigned to the usufructuary unless otherwise agreed.
• The procedure in case of sale: conditions for the repurchase of shares, priority given to co-undivided shareholders, rules of disagreement.
• The end of usufruct or joint ownership: What happens when usufruct expires? Is the property up for sale? Can the other party redeem?

This agreement, drawn up by the notary, Avoid blockages, protects the parties and oversees the relationships between the purchasers throughout the life of the property.

‍

Concrete examples of the use of usufruct in joint ownership

Co-ownership with the dismemberment of ownership may seem technical, but it is particularly useful in certain asset situations. Here are two practical examples that illustrate how it works.

‍

Example 1: A usufructuary parent and his children who are naked owners

Mr. Bernard, 65, wants to gradually pass on his real estate assets to his children while maintaining the possibility of living in his Parisian apartment.

He therefore makes a joint purchase with dismemberment:

• It preserves usufruct, that is to say the right to use and collect rent.
• Her two children acquire the Bare property, each for half.

Advantage: Mr. Bernard can continue to live in the property or rent it to complete his retirement, while organizing a early transmission of its heritage.
Upon his death, the usufruct is automatically extinguished and the children become full owners, with no inheritance tax to pay on the part transferred thanks to the advantageous taxation of dismemberment.

This mount is often used as part of intergenerational wealth strategies, to avoid the tensions associated with traditional joint ownership.

‍

Example 2: An unmarried couple with cross dismemberment

Marc and Sophie have lived together for 10 years but are not married or in a civil union. They want to buy their main residence together, but also want protect the survivor in the event of death.

Their notary offers them an arrangement in cross dismemberment :

• Marc owns theusufruct on Sophie's part, and the Bare property on his own part.
• Sophie owns theusufruct on Marc's part, and the Bare property on his part.

Result: If one of them dies, the survivor keeps total use of the home, without having to buy back shares or ask for the agreement of the heirs. Ultimately, the heirs recover their share in bare ownership at the end of the usufruct.

This assembly, although more complex, is very protective for unmarried couples, often excluded from successions without specific provisions.

‍

How much does it cost?

The establishment of a division within the framework of an indivision requires specific notarial acts. The cost depends on the value of the rights transferred, the number of co-owners, and the purpose of the arrangement.

‍

Notary fees and usufruct taxation

Acquisition costs are divided according to the rights of each person.
THEusufruct is valued according to a tax scale established by theArticle 669 of the General Tax Code (CGI). The older the usufructuary, the lower his share.

Example of a schedule:

‍

Thus, for a property worth €300,000 purchased with a 60-year-old usufructuary:

• Usufruct is valued at 120000€ (40%),
• The bare property in 180,000€ (60%).

Each party will pay the notarial fees and fees according to the share they hold.

‍

Cost of a tailor-made indivision agreement

To secure relationships between co-indivisors, especially in the presence of a dismemberment, it is strongly recommended to have a joint ownership agreement drawn up.

This document, signed before a notary, defines:

• The rights and obligations of everyone,
• The distribution of expenses (property tax, works...),
• Exit or resale conditions.

💶 Indicative price: enters 800€ and 1500€, depending on the complexity and specific clauses.
This initial cost can avoid costly legal or inheritance disputes in the future.

‍

What are the risks and disadvantages?

While the purchase in joint ownership coupled with the division of property offers real asset advantages, It also has weaknesses, often underestimated. Poor expectations can lead to legal or family bottlenecks, with sometimes serious consequences.

‍

Risk of disagreement between co-owners

In indivision, each co-indivisary holds an undivided right over the whole property, and not on a defined part. This means that major decisions — sale, rental, structural work, change of use — must be taken unanimously (unless otherwise specified in an indivision agreement).

Common problems:

• A co-owner wants to sell to get his share back, the others want to keep the property.
• One refuses urgent or necessary work (roof, facade).
• Family disagreements make decisions impossible.

This type of conflict is even more delicate when the joint owners are also usufructuaries or non-owners, with diverging interests: the usufructuary favors use, while the naked owner thinks about the long-term asset value.

📌 In the absence of a well-written joint ownership agreement, this type of situation can lead to immobility or forced judicial sale of the property (article 815 of the Civil Code).

‍

Limits of the usufructuary in management

The usufructuary benefits from the right to enjoy the property: he can live or rent it, and receive the income. However, He cannot act freely as a full owner.

Here are its main limitations:

• He Can't sell the property or modify it substantially without the agreement of the owner (s).
• Some work (raising, transformation of parts, division into lots) require the agreement of all.
• He is required to maintain the property in good condition, but major repairs (foundations, roof, load-bearing walls) are the responsibility of the bare owner, unless otherwise stipulated.

These constraints can generate tensions, especially if expectations differ: the usufructuary often wants to preserve personal use, while the naked owner aims for future profitability or valuation.

‍

Blocking when selling the property

The sale of jointly owned and dismembered property (separate usufruct and bare ownership) is particularly complex.

• Mandatory agreement of both parties: neither the usufructuary nor the naked owner can sell alone. You need them joint consent, even if the property is unoccupied or one of them has a majority share.
• Typical conflicts:
  • The elderly usufructuary wants to sell to go to a retirement home.
  • Nuse-owners prefer to wait until he dies to avoid losing a portion of value.
• If no agreement is reached, the solution may be a Judicial partition action, with the appointment of a notary by the court. This process is long, expensive, and sometimes conflicting, especially in a tense family context.

‍

How to secure this type of real estate purchase?

The key to a successful purchase in joint ownership with dismemberment is based on a rigorous legal structuring And a Anticipation of blocking situations. This involves the drafting of solid notarial documents, but also prior consideration of the future management of the property.

‍

Essential clauses to be included in the indivision agreement

La indivision agreement is a contract signed by all co-indivisors. It is highly recommended (or even essential) when there is a dismemberment of property, because it allows set precise rules of operation and to avoid conflicts.

Here are the priority clauses to include:

• Methods of managing the property:
  Who decides on maintenance or renovation work? Who signs the quotes? What expenses must be accepted unanimously, by majority?
• Distribution of rental income (if the property is rented):
  Define the distribution of rents between usufructuaries and owner-owners, in accordance with the Civil Code. In general, The usufructuary receives all the rents, unless otherwise stated.
• Indivision output:
  Specify the terms of purchase of shares in the event of the wish of a co-indivisary to leave.
  Example: right of priority to other joint owners, prearranged valuation, recourse to an expert.
• Procedure in case of disagreement:
  Define a mediation method or the intervention of a third party (notary, lawyer, real estate expert) to resolve certain obstacles.
• End of indivision:
  Specify the conditions under which the joint ownership ends: repurchase, sale of the property, death, end of usufruct, etc.

📌 A well-written agreement protects each party and greatly simplifies future decisions.

‍

The role of the notary: an advisor, not just a writer

The notary is not limited to registering deeds. He is the guarantor of legal security of your real estate arrangement.

Its missions include:

• Check the distribution of quotas between usufruct and bare ownership, and ensure their compliance with the tax schedule (article 669 CGI).
• Adapt the clauses to the family or property situation (unmarried couple, blended family, minor heirs...).
• Drafting the indivision agreement by integrating the specificities of the dismemberment (rights, obligations, responsibilities).
• Advise on tax implications, in particular in terms of transfer, inheritance taxes and capital gains in the event of resale.

💡 Tip: choose a notary who is used to complex asset arrangements. Her expertise can make a real difference.

‍

Anticipate the end of indivision or the extinction of usufruct

One of the major pitfalls of this type of purchase is forgetting to anticipate. The exit of indivision, in particular in the event of the death of the usufructuary or the desire to sell by an undivided shareholder.

Here is what is relevant to include in the agreement or in complementary acts:

• Fate of the property upon the death of the usufructuary:
  Predict if the naked owners automatically recover the use, or if a sale is considered. Mention the deadlines, the conditions of repurchase or temporary occupation.
• Procedures for the repurchase of shares between co-indivisors:
  Define a right of pre-emption (priority of purchase by the other joint owners), and a How to calculate the price (real estate expertise, defined scale, possible discount).
• Cases of disagreement:
  Expect a amicable arbitration or a quick procedure to avoid judicial sales (often long and not very advantageous).

‍

Differences between simple indivision, dismemberment and SCI

There are several options available to you when it comes to buying together or structuring the ownership of a property. To make the right choice, it is essential to fully understand the differences between traditional joint ownership, joint ownership with usufruct, and real estate civil society (SCI). Here is a clear comparison chart to guide you.

‍

Comparative: advantages/disadvantages

‍

When should you choose SCI rather than joint ownership?

La SCI is recommended when:

• There are several heirs or partners,
• You want to organize a professional rental management,
• You are aiming for a progressive transmission optimized for tax purposes.

‍

Conclusion: is this a strategy to adopt in 2025?

THEPurchase in joint ownership with usufruct represents an intelligent strategy for buying together while protecting property and family interests of each one. Whether it is to transmit property to your children, to secure your spouse or to optimize your taxation, this arrangement deserves to be seriously studied.

However, it requires a rigorous legal foresight, the help of a notary and smooth communication between co-owners to guarantee the success of the project. In 2025, as asset management becomes more and more strategic, this solution appears to be a real secure wealth opportunity.

‍

FAQS

Who can benefit from usufruct?

Anyone named in the notarial act, often a parent, spouse, or family member.

Can you resell usufruct property?

No, the usufructuary alone cannot sell the property. You need the agreement Nus-owners for a joint sale.

What happens when the usufructuary dies?

Usufruct Turns off automatically and full ownership goes to the bare owner at no additional cost.

Can the naked owner live in the property?

No, unless authorized by the usufructuary. He can't occupy it or rent it out.

What rights does the naked owner really have?

He is Title owner, but can only enjoy the property at the end of the usufruct. He must be consulted for any major modification of the property.

Can you borrow jointly with usufruct?

Yes, but it requires a adapted assembly. The bank will analyze the situation of each co-owner and the rights they hold.

‍