The option of donation for bare ownership of a home It is increasingly popular among parents and relatives who want to guarantee the well-being of their loved ones without their right to use the property. However, it is important that those who are going to enjoy the home do so in accordance with the law, otherwise, they could lose their ownership, as lawyers warn.
To understand this situation, the lawyer specialized in family and property matters, Sheila Galiano Gómezfrom Galiano Rubio Abogados, explains the limitations of this type of legal transaction through a ruling from the Supreme Court. Well, as you remember, “Just because they donate something to you doesn’t mean they can’t take it from you”since the law continues to protect the rights of the donor.
In the case commented by the lawyer, reflected in ruling 985/2025, of June 19, 2025a man lost the house that had been donated to him simply by putting a new lock on the door. The donee had received housing after taking care of a friendthe donor, who had subsequently been transferred to a residence. The family, upon finding out, wanted to claim their right to housing.
The donor reserved usufruct of the home by transferring bare ownership
To prevent them from entering the home, the man decided to change the lock on the door. “The problem is that the old man, although he had given the apartment as a gift, had reserved the right to use it.“, something that was able to be done thanks to the fact that the donor only transmitted bare ownership of the home. This procedure allows you to reserve the life usufruct of the property, that is, retain your right to use and enjoy it for the rest of your life.
The proprietary node, that is, The donee had ownership of the home, but could not make decisions about the use of it.. For this reason, as the lawyer explains, “the Supreme Court considered that that lock change was a disdain towards the donor and, applying article 648 of the Civil Code, revoked the donation.” This article provides for the possibility of annulling a donation in the event that the donee commits ingratitude.
The assumptions mentioned in the article include: committing a crime against the donor, his honor or his property; impute to him “any of the crimes that give rise to ex officio procedures or public accusation, even if he proves it”, unless this has been committed against the donee, his spouse or children; and if he “improperly denies food.”
This option is one of the most recommended by lawyers
For this reason, the donation of bare property is one of the options most recommended by lawyers in the event that their clients are considering donating property. Well, thanks to this procedure, they will maintain usufruct even if the donee has ownership of the property, being able to use it and enjoy it whenever they want.
One of the most common cases that occur in law firms is that of parents who want to leave the house alive to their children. However, it is necessary to take into account that, by keeping the usufruct, the donors will have to pay the income tax related to the transfer of the home. For its part, The donee must pay the municipal capital gain and the Inheritance and Donation Tax.
To guarantee a correct transaction appropriate to the needs of each specific case, it is best to Go to a lawyer specialized in inheritances and economics. This will assess the characteristics of their clients to offer them the most appropriate solution, whether in terms of drafting a will or in the process of donating assets.