The usufruct of a property is the right to enjoy its habitability without being the owner (who has the use and enjoyment of the property). If we buy a property with usufruct, we will have to consider the usufructuary as if they were another seller, they sell the right of habitability (usufruct) and the owner sells the ownership (bare ownership),

There are different types of usufructs, it can be: lifetime; when it lasts for life; or temporary, granted for a specified time. This will affect the value of the usufruct.

If it is temporary, the value is 2 percent of the total value of the home for each year of duration of the usufruct not exceeding 70 percent of the value of the property and not taking into account periods of less than one year.

For example, if the usufruct on a property of €100,000 is for 20 years and 2 months, only the 20 years will be counted, and its value will be 20x2%=40% so 40%x100000€ = 40000€ would be the value of the usufruct.

If the temporary usufruct is less than 1 year, for example 9 months will count as 1 year. And the calculation on €100,000 would be 1x2%=2% where 2%x100,000€=€2,000 would be the value of the usufruct.

Let us remember that the percentage can never exceed 70% of the value of the property, in which case 70% would apply and no more for the calculation of the value of the usufruct.

If it is lifelong, the minimum value is 10% and the maximum is 70%. The value is calculated by subtracting the usufructuary's age from 89.
If the usufructuary is 50 years old and the property has a value of 100,000€, it is calculated by 89-50=39% where the value is 39%x100000=39,000€

The property may also have more than one usufructuary, with the right of one passing to another as they pass away. In this case, the value must be calculated with the age of the youngest usufructuary. 89-the age of the youngest. If it is a couple enjoying the usufruct of 80 and 70 years, we will take the age of the 70-year-old, then 89-70=19% the value would be 19%100,000=19,000€.

So: What is the value of the full ownership of the property? It is the sum of the value of the usufruct plus the bare ownership.

It will not matter if you are married or not with your partner, since in both cases we will be acquiring a common asset and we will not have greater or lesser advantages if we are married or not, since that acquisition will be governed by the same regulations. From a civil and even tax point of view, there are no variations since the deduction for the acquisition of a habitual residence disappeared, which did reward marriages over de facto couples. (Since this deduction for the acquisition of the habitual residence was eliminated for acquisitions after January 1, 2013)

Although before buying a home, we must take into account that the benefits of buying a home as a couple can end up becoming disadvantages.

As an introduction, it is important to know that, from a legal point of view, when signing a mortgage under the regime of community property, 50% of the loan and the property are allocated to each of the participants.

But on the other hand, the main risks when buying a home as a couple and without being married are the lack of legal protection; if rules have not been previously agreed upon -and elevated to a public deed- and the complications involved in the subsequent distribution of debts or assets.

If we want to buy an apartment as a couple, it is advisable to do so when the relationship is established and, for legal reasons, has been formalized. That is, when they have married or become a registered partnership. It should be noted that banks will be more favorable to lend money to a consolidated couple.

When we buy an apartment as a couple without being married, but establishing a community property regime, it will lead to a situation of undivided ownership or community of goods, a figure of Civil Law used to regulate co-ownership rights.

This community of goods is based on the existence of a common and undivided property of goods or even rights that belong to different holders jointly and simultaneously. In the case of real estate, its acquisition is generally formalized through a public deed, in which the parties record their agreements in writing regarding that property (such as the percentage that each one acquires).

marriages contracted under the regime of community property differentiate on one hand the private assets of each spouse (assets of each one before marriage and those received by inheritance or donation during the marriage) and the community property (constituted by the earnings of the spouses during their marriage, including the benefits produced by both community and private assets). In the case of debts generated during the union, the private assets of each spouse also act as guarantors.

This means that if you are an unmarried couple and buy a home under the community property regime, the property will belong to both equally regardless of what each contributed. Thus, even if one of the spouses earns more than the other, the home will be community property or, in other words, owned by both in the same proportion.

What can happen is that one of the spouses contributes private money, that is, only from him (for example, from an inheritance from their parents) for the purchase of the family home, in which case it is very advisable to state this in the purchase deed so that that spouse has a greater share in the ownership of the home.

This is stipulated by the ruling of May 27, 2019, of the Supreme Court, which states that "if it is proven that private funds were used for the acquisition -of the property-, the spouse who holds the money has the right to be reimbursed the updated amount, even if they did not reserve the origin of the money or their right to reimbursement."

In marriages with a separation of property regime, the assets of each spouse remain separate. Thus, the assets belonging to each person before and after marriage will remain theirs. This means that if you buy a home as a couple under a separation of property regime, each of you will own the proportional part that you have paid (even though both enjoy it). If the purchase has been made only with the money of one of the spouses, it will be exclusively theirs.

The marriage capitulations are a document in which the couple agrees on the economic conditions that will govern their marriage. They are equivalent to the document signed in the case of buying a house as a couple without being married. Thus, in the event that one of the parties is in debt or one contributes more capital, everything will be recorded in those capitulations and will not cause harm or benefit to the other party.

What is the recommended legal figure for buying a home as an unmarried or married couple?

It really doesn't matter if you are married or not with your partner, since in both cases we will be acquiring a common asset, and that acquisition will be governed by the same regulations. From a civil and even tax point of view, there are no variations since the deduction for the acquisition of a habitual residence disappeared, which did reward marriages over de facto couples.

What happens to the house in case of divorce?

In the event that the relationship does not end well, several possibilities arise. First, it is necessary to differentiate between the ownership of the property and the right of use, as both do not have to coincide in the same person. The right of use will be decided by the spouses or the judge in their ruling depending on whether there are minor children or a spouse deserving of greater protection. But it is also possible for the ownership of the property to be attributed to one of the spouses, regardless of who has the right to use it.

housing as an unmarried or married couple

As you can see, buying a home if you are an unmarried couple is not difficult, but the situation complicates if children arrive because in the event of separation or divorce, the interest and protection of minors prevails. The key is to record the agreements in a public deed that establishes the conditions in the event of a

To legalize a rural home we must consider two factors: the municipal one where it is located and the documentation we have of the home, the ways to legalize the home are as follows:

• Legalization License.
• Assimilation to License.
• Assimilated Outside of Planning.

The following details each of them;

Legalization License
To opt for this route, the home must have:

• Architect's project.
• Urban planning license.
• First occupancy license.

Procedure:
You must submit the following documents to the town hall where the building is located:

• General application duly completed
• Identification of the person holding the building: name and surname, address, NIF or CIF in the case of an entity.
• Location of the work
• Project drafted by an Architect and endorsed by their Professional Association.
• Payment letter for municipal fees.

Equivalent to License
Requirements to opt for this route:

• Buildings completed prior to the entry into force of Law 19/1975, of May 2, on the reform of the Law on Land Regime and Urban Planning, and that do not have a planning license for their location on non-buildable land.
• Irregular buildings on urban and developable land for which there were
  after the deadline for adopting measures to restore urban legality upon the entry into force of Law 8/1990, of July 25, on the Reform of the Urban Regime and Land Valuations.

Procedure:

If your home meets the above requirements, you must submit the following documents to your town hall:

• General application duly completed
• Identification of the person holding the building: name and surname, address,
  NIF or CIF in the case of an entity.
• Location and site plan.
• Proof of payment of fees.
• Technical report from a competent professional stating at least:
• The situation of the property with its cadastral and registry reference if it has one.
• The holders.
• The plot on which it is located and if there are undivided shares in the
  same.
• Characteristics and dimensions of the buildings and their compliance with
  PGOU indicating in which parameters it is breached, if applicable.
• Date of completion of building works.
• If after the building you are aware that work has been carried out that
  have modified their initial urban planning conditions (occupation, height, increase in buildability and number of homes).
• Water supply and electricity system.
• Wastewater evacuation system.
• If it has adequate accessible access.

If it is intended for residential use:

1. If the property has a room that serves the functions of a living room and
   rest, a kitchen unit and an independent bathroom.
2. That the habitable rooms are not located in the basement.
3. That the habitable rooms have natural lighting and ventilation
   from an open exterior space or light well, except for bathrooms and auxiliary rooms.
4. List of works that should be carried out to comply with the requirements of
   habitability, safety, and health.

Assimilation Outside of Planning

Requirements to opt for this route:

• The irregular buildings that are completed, regarding which
  it is not possible to adopt measures to protect urban legality
  nor of restoring the legal order disturbed by the expiration of the term
  for its exercise in accordance with article 185.1 of Law 7/2002, of December 17.
  • That is, it was built more than 6 years ago.
  • It is not located on protected land.
  • It does not have a legality file or it has expired.

Procedure
DECLARATION OF ASSIMILATED OUT OF ORDERING IN NON-BUILDABLE LAND.
To adopt this procedure, you must submit the following documents to the town hall of the locality where the building is located:

• General application duly completed
• Identification of the person holding the building: name and surname, address,
  NIF or CIF in the case of an entity.
• A technical certification in digital format will be provided that certifies:
• Identification of the property on the location plan, indicating the data
  registry, if it were registered in the Property Registry, the reference
  cadastral or, failing that, through officially referenced cartography, with the
  identification of UTM coordinates.  
• Description of the building, indicating its compatibility or
  non-compliance with urban planning, with the contribution of the
  the following plans:
  • A situational plan on official cartography of the General Plan at a scale of 1:5,000 or 1:10,000, in which the building to be registered is graphically represented and it is expressly stated that the building does not invade land reserved for general systems, free spaces, green areas, or facilities. 
  • Plan of the plot, bounded or surfaced with indication of the scale (preferably at a scale of 1:5,000).
  • Detailed plan showing the works in relation to the boundaries of the plot.
  • Detailed plan for each floor of the building and/or installation with distribution and generic section, in accordance with the work actually executed. In these plans, each of the buildings, works, or installations with differentiated use will be represented, indicating the useful and constructed areas.

• A photograph of each of the facades of the work, installation or building from which the construction state can be inferred, taken in color and with a minimum size of 10 x 15 cm.
  • That the land has no certain risks of erosion, landslides, floods, or other natural, technological, or other risks.
  • If the building has small discrepancies with urban planning, it must be indicated and specified the impossibility or very difficult replacement of the works that violate urban regulations.
  • Suitability of the building for the intended use by meeting the habitability requirements.
  • Works to be carried out in the building to adapt it to the habitability standards and basic facilities and services, and execution period.
• Basic services should preferably be resolved through autonomous and sustainable installations, subject in any case to the applicable sectoral regulations.
• Exceptionally, basic services may be supplied through access to networks, as long as these are accessible at the plot level and the supplying company certifies the feasibility of the connection.
• Certification by the supply companies that they have sufficient electrical power or water flow to supply the building.
• Proof of the completion date of the building.

DECLARATION OF ASSIMILATED OUT OF ORDERING ORDERING ON LAND
UNCONSOLIDATED URBAN

To adopt this procedure you must present the following documents at the town hall of the locality where the building is located:

• General application duly completed
• Identification of the person holding the building: name and surname, address,
  NIF or CIF in the case of an entity.
• A technical certification in digital format will be provided that certifies:
• Identification of the property on the location plan, indicating the data
  registry, if it were registered in the Property Registry, the reference
  cadastral or, failing that, through officially referenced cartography, with the
  identification of UTM coordinates.
• Description of the building, indicating its compatibility or non-compliance with urban planning, with the contribution of the
  the following plans:
  •   A situational plan on official cartography of the General Plan at a scale of 1:5,000 or 1:10,000, in which the building to be registered is graphically represented and it is expressly stated that the building does not invade land reserved for general systems, free spaces, green areas, or facilities.
  • Plan of the plot, marked or surfaced with indication of the scale (preferably at a scale of 1:2,000).
  • Detailed plan showing the works in relation to the boundaries of the plot.
  • Detailed plan for each floor of the building and/or installation with distribution and generic section, in accordance with the work actually executed. In these plans, each of the buildings, works, or installations with differentiated use will be represented, indicating the useful and constructed areas.
  • A photograph of each of the facades of the work, installation or building from which the construction state can be inferred, taken in color and with a minimum size of 10 x 15 cm.

• If the building has small discrepancies with urban planning, it must be indicated and specified the impossibility or very difficult replacement of the works that violate urban regulations.
• Suitability of the building for the intended use by meeting the requirements of
  habitability.
•  Works to be carried out in the building to adapt it to the habitability standards and basic facilities and services, and execution period.
• Proof of the completion date of the building.