I have 50% of the bare ownership of an empty apartment. Can I mortgage the other 50%?

I have 50% of the bare ownership of a flat that is empty. The other 50% is owned by a relative who has the usufruct, but is 85 years old and has been in a residence for 2 years, without any possibility of returning to the home. Can I mortgage this 50%?

Based on the question you ask us, we understand that you are owner of 50% of the bare ownership of a home corresponding to another person the other 50% of the bare property and the right to usufruct about it.

In accordance with article 107 of the current Mortgage Law, “they may also mortgage the mere property, in which case, if the usufruct is consolidated with it in the person of the owner, not only will the mortgage subsist, but it will also extend to the same usufruct, unless otherwise agreed ”.

Therefore, in light of the applicable regulation, you may constitute a mortgage on 50% of the bare property of which it is the owner without the intervention of the usufructuary (holder of the usufruct right) being necessary.

* Beatriz Herrera del Campo, lawyer of Lean Lawyers.

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