Succession: my mother who is the usufructuary of the house enters a nursing home, can I sell as a bare owner?

Every month on “Big real estate event” (Capital / Radio immo) answers your questions through its “It concerns you” sequence. Our experts – lawyers, notaries, real estate agents – resolve the most complex legal problems for you and provide you with sound advice, whether you are considering selling, buying, renting or renovating your home. In this sequence, Jean-Luc Brulard from the Immediat agency answers a question from Julien de Caen. Julien is the bare owner of a house of which his mother is usufructuary. Is it possible for him to sell this house knowing that his mother is in a nursing home and that she will not be able to return to the accommodation?

In response, Jean-Luc Brulard specifies that we are here in a complex case. To be able to sell within the framework of a dismemberment (full ownership which is separated between bare ownership and usufruct), you must be able to bring together all the parties. All – bare owners and usufructuary – must give their consent for a sale. In Julien’s case, the question of the mother in a nursing home then arises. Is she fully capable of her intellectual means to give her agreement? If this is the case, there will be no problem. But if that’s not the case, that’s a whole different question. Julien will first have to obtain a guardianship decision, curatorship… a procedure which by nature will be long and complex. Watch Jean-Luc Brulard’s entire speech in the video above.

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Are you an owner, buyer, seller or investor and you also have a legal, tax or practical question? Do not hesitate to connect to the Facebook group on Owners club to ask your questions. The approximately 14,000 members of this group, created and managed by Capital, will be happy to provide you with their feedback. Secondly, we will also try to forward your questions to submit them to our experts who will answer them in the next issues of the “Grand rendez-vous de l’immobilier”.

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