Inheritance law · 2025-10-30 · 6 minutes
Usufruct and bare ownership
Usufruct (vruchtgebruik) and bare ownership (bloot eigendom) are two rights in one house. The usufructuary may use it and take the fruits, as the deed says. The bare owner has the ownership without that use. Neither is automatically the whole house. In the file two names stand against the same home: the name of the usufructuary and the name of the bare owner, each with the source in the deed. A name is not absent merely because the other has already been filled in. Ervazo does not turn one occupant into both right-holders.
You note the value of the house once, as the value of the asset, with the source and the reference date. Beside that you do name which right belongs with which name. You do not book the full value twice, once against the usufructuary and once against the bare owner, as if there were two houses. Nor do you book the full value once without saying which right it concerns. A line that says only home, without a right and without a second name, pretends that one person has everything. Against the amount put the sentence: value of the house, rights split, names above. If a name is missing, the amount stays and the missing name remains an open field.
Who has which right comes from the deed. The deed can give the usufruct to the surviving spouse and the bare ownership to the children, or name some other division. You take over only what is written there. The statutory distribution is a different system, with a money claim instead of these two rights. Do not use the words of that system to fill this entry. If the deed is silent, both rights remain empty labels against the house. An occupant can be the usufructuary, but you write that only when the deed says so. Living there, by itself, you do not rename as usufruct.
On the list you therefore see one house, one value, and two rights with two names. You do not add a second value for the house. A later sale or allocation gets a line of its own, so that the value on the day of death remains. Ervazo does not split the value into a self-invented part for each right and makes no deed.