Giving a house with retained usufruct: live in it, let it or sell?

# Giving a house with retained usufruct: live in it, let it or sell? Giving the bare ownership of your house while retaining usufruct allows you to continue living in it or to let it and receive the rent. It does not leave you with all the powers of a full owner. Before signing, also consider your need for income and capital if you move. The [notaries' explanation of retained usufruct](https://www.notaire.be/actualites/peut-ajouter-des-conditions-une-donation) notes that a gift of immovable property requires a notarial deed. ## What do you give and what do you retain? You transfer bare ownership and retain a right of use and enjoyment, known as usufruct in Belgian law. Your children receive an ownership right, but not the use or income you reserve for yourself. The deed must specify the retained usufruct and its terms. A gift is in principle irrevocable: have its clauses assessed against your family situation before committing. Prepare three scenarios: - Staying in the house, with the expenses it requires. - Moving out and letting it to supplement your income. - Selling full ownership to finance another home. To place this decision in the context of transferring your assets, see our [guide to giving immovable property in Wallonia](https://youhome.immo/journal/donation-immobiliere-en-wallonie-avant-de-donner-sa-maison/). ## How can you stay in the house without underestimating expenses? Retaining use does not settle every expense. The current legal framework places maintenance on the usufructuary and major repairs on the bare owner, following consultation. The latter can ask the usufructuary for a proportionate contribution. Exceptions exist, including for works carried out by the usufructuary or repairs caused exclusively by them. [Articles 3.153 to 3.156 of Book 3 of the Civil Code](https://www.ejustice.just.fgov.be/eli/loi/2020/02/04/2020A20347/justel) also distinguish recurring charges relating to use and enjoyment from extraordinary charges. Have the deed and applicable regime checked, particularly for an older arrangement. Obtain quotations for known works and allow for your share in your housing budget. Your partner's protection deserves a separate check: ask the notary who can remain after a death and on what conditions. Do not assume that the reservation made for you automatically protects the whole family. ## Can you move out and receive the rent? Usufruct allows you to live in the house or let it and receive its income, within the limits of the rights established. Leaving the property does not, on its own, mean giving up that right. The [notaries explain the rights of the usufructuary and bare owner](https://www.notaire.be/usufruit-et-nue-propriete). Compare the achievable rent with the expenses that will remain your responsibility and the cost of your new home. Have any work needed before letting costed and the tenancy terms checked. Rental income is not capital immediately available to buy elsewhere. Illustrative example: you leave a house in the Province of Liège to rent a flat with a lift. The rent you receive can contribute to your budget. If you prefer to buy that flat, your need becomes a capital contribution: the sale scenario must then be prepared separately. ## Can you still sell the house? For an ordinary private sale of full ownership, both the usufructuary and bare owner must take part. Transferring your usufruct alone is a different transaction. Retaining usufruct therefore does not allow you to sell full ownership alone as you could before the gift. Before making the gift, ask the notary how agreement between the rights holders could be organised and what would happen to the sale proceeds. Do not assume that the entire sum will belong to you or that your right will necessarily follow the purchase of another house. Specify the capital you need to move and the protection you wish to retain. ## Which questions arise before signing? ### Does retaining usufruct automatically reduce tax? No. For a gift of immovable property with retained usufruct, the notaries note that registration duties are calculated on the value of full ownership. Ask for a calculation tailored to your situation and the applicable regional regime, without assuming an automatic saving. ### Should you wait until you move to discuss selling? No. Consider this scenario before the gift, with the people who will hold the rights. The decision will be better prepared if your housing plans change. ### What should you prepare for the appointment with the notary? Gather the title deed and existing deeds. Note your housing needs, required income, available savings and known works. Ask how to preserve your use, protect your partner and finance a change of home. Our method separates property value from the legal organisation of the transfer. To prepare your project in the Province of Liège, you can [request your valuation report](https://youhome.immo/estimation/demande/). The notary will clarify the rights, clauses and their consequences.