What is the bare ownership ?
In 2012 there was an increase in the purchase of the bare ownership of properties by 40% over the previous year , and no wonder , since it is a mode that allows you to save and , in times of economic crisis , this is not a factor to be neglected . But what is the bare ownership of a property? It represents the fair market value , less the usufruct, that is the right to use the asset for life. In fact, in most cases, the usufruct is extinguished with the death of the usufructuary and the acquisition by the legal owner of the freehold , although there are cases of usufruct predetermined time . The usufructuary may then live , rent or even sell the usufruct of the property enjoyed by .
From the legislative point of view , the rights of usufruct and bare ownership are governed by articles of the Civil Code ranging 978-1020 .
The costs of maintenance are charged to the property owner of the nude , while ordinary maintenance of the usufructuary , who is required to keep it in good condition , without changing or damaging it.
However, the parties may agree otherwise in the contract .
Taxes such as income tax and the IMU are borne by the usufructuary , because the law stipulates that those who pay the availability of the property. This, too , therefore, may be a reason why it is convenient to purchase the bare ownership .
To calculate the selling price is the estimated value of the part and apply a reduction coefficient which varies depending on the age of the usufructuary .
These coefficients are periodically updated by the Ministry of Finance , based on the life expectancy in Italy , according to the statistics , and the legal interest rate .
Does the purchase of bare ownership ?
The purchase of the bare ownership can be a cost-effective solution for those who are not in a hurry to live in the home, but just want to make an affordable investment for the future, for example, a parent who wants to buy for his son .
It is worthwhile, however , consider 5 points :
1.Valutazione of the property : those who decide to sell your property with the formula of bare ownership can not avoid against relying on professionals in order to obtain a correct evaluation of the selling price .
2.Età seller: the value of a property in bare ownership changes as a function of life expectancy of the seller, as well as the future tenant , since this depends statistically the duration of the contract.
3 . Legal Statement : The sale of the bare ownership is legally recognized as sales negotiation and therefore subject to the legal regulations of the scope and are thus not possible private contracts or letters of intent while it is always necessary to rely on a notary for signing the contract of sale . A curiosity : since it is in effect a sale, this type of transaction can not be challenged by any heirs disagree.
4 . Real Estate Agency Fees : In the event you contact real estate agent , the commission to be paid to intermediaries is equivalent to that required for normal transactions of buying and selling real estate.
5 . Method of payment : the payment of the bare ownership can occur in two ways: the amount can be fully welded to the notarial deed , or , by agreement between the parties, the buyer can pay immediately on one side and the remainder may be rescheduled with monthly amounts until the balance of the entire value of the property . One mode , the latter, beneficial for both parties : the buyer , in fact, can avoid paying the full amount in a lump sum and the seller will have a monthly income of which use as a sort of supplementary