FREQUENTLY ASKED QUESTIONS
about the Sale of Bare ownership
The following are the most frequently asked questions that the Elderly and their relatives ask us to answer their doubts about the Sale of Bare ownership.
Please do not hesitate to contact us for any information you may need about this property product.
Since 1996 we have been advising and helping the Elderly to contract these operations so that they can improve their economic resources.
The Grupo Retiro manages the Sale of Bare ownership from the age of 65, although it is most common for the product to be contracted when the person is over 70-75 years old. However, the decision to sign the transaction at one age or another will depend on the situation of the Elderly Person and his/her wishes/needs to resolve with the collection of the amount that in a specific case may correspond to him/her.
The Elderly Person does not pay any expenses for the constitution and processing of the Sale of Bare ownership (Notary, Land Registry, Valuation, Tax on Property Transfers, etc.), as it will be the purchasing Company or the individual Investor who will assume all these expenses and taxes of the operation. The Elderly Person will only have to pay the Municipal Capital Gains Tax and the professional fees for advice and intermediation of Grupo Retiro, as the rest of the expenses and taxes will be assumed by the buyer.
No, only partially. You will continue to own a part of the property, which corresponds to the right of usufruct that allows you to fully use and enjoy the property. It is only on your death that this right of usufruct will automatically pass to the bare owner, who will then have full ownership of the property. Therefore, in the Land Registry, the Elderly Person will continue to be recorded at all times as the holder of the usufruct of his or her home.
Grupo Retiro offers Elderly People the guarantee of having a pioneering company since 1996 and leader in Spain in the contracting and processing of Sales of Bare Ownership. As a law firm, our services will allow you to get advice on the product and the most convenient method for you, contracting it under the best conditions and with full legal guarantees, and with the peace of mind for you that our firm will remain at your disposal throughout the life of the operation, so you will have the professional team of Grupo Retiro for life for the resolution of any problem.
At Grupo Retiro we will provide you with the appropriate advice so that you can find out which product may be the most suitable for you at any given time, depending on your personal and family situation, your financial needs, your age, the value of your home, etc. To this end, you can always count on a personalised study of the conditions that you can obtain by contracting a Sale of Bare ownership or any of our products that allow the elderly to make their homes profitable during their lifetime, such as the Real Estate Life Annuity, the Reverse Mortgage or the Sale & Leaseback.
Yes, it would be possible, but first, your children would have to donate to you the part of the property of the house that they currently own. In these cases, the modality of a one-off payment of capital in exchange for the Sale of Bare ownership of the property would be feasible without any prior modification of the ownership of the property.
When the Sale of Bare ownership takes place, the ownership of the rights to the property is shared between the acquiring company or the Investor/Buyer and the Elderly Person, so that each of the parties has to assume certain expenses and taxes. The acquirer has to pay the Property Tax, the extraordinary building expenses that correspond to the property and the insurance of the premises of the house. On the other hand, the Elderly Person, as holder of the usufruct of the house until his or her death, must assume the expenses inherent to the use of the house, such as the ordinary community fees, the utilities of the house and the Urban Waste Tax (rubbish), in those municipalities where it is in force.
For the cancellation of any possible charges that may exist on a property of which you wish to transfer the bare ownership, you must take into account both the amount of the debt and the cancellation expenses and commissions so that they are paid to the Creditor Entity at the time of signing the Title Deed. However, these cases must be analysed individually, as if the existing burden or debt on the property is very high, the Sale of Bare ownership may not be viable, as it is also necessary to take into account the value represented by the usufruct that the Elderly Person reserves.
The sale of bare ownership has a long tradition in the vast majority of European countries, although it is worth highlighting its strong implementation in France, where, together with the Real Estate Life Annuity, it is a product commonly contracted by the elderly when they reach retirement age. In the other French-speaking countries (Belgium, Luxembourg, Switzerland) it is also very widespread.
Its legal regulation is, as in the case of Spain, very old, since it has been included in their respective Civil Codes for more than a century. In our country, the characteristics of the population, increasingly older, with low pensions and with a high number of homeowners, makes the contracting of the sale of bare ownership more and more frequent to supplement the income of the pensions of the elderly.