Yes, but the usufructuary and the bare owner must both agree to sell the full ownership. Either can sell their own right alone, yet a normal vacant sale needs both signatures, and the price is then split between them according to the usufruct’s value (Notaire.be, 2026).
A usufruct splits a property into two rights: the usufructuary may use it and take its income (live in it or rent it out), while the bare owner (nu-propriétaire) holds the ownership stripped of that use. This division is extremely common in Belgian estates, because a surviving spouse or legal cohabitant frequently inherits the usufruct of the home while the children inherit the bare ownership. Selling such a property is entirely possible, but who must sign depends on what is being sold.
To sell the full, unencumbered ownership, so the buyer gets a normal, vacant property, the usufructuary and all bare owners must jointly agree and sign. The sale price is then apportioned between them: the usufructuary receives a share reflecting the value of the usufruct, and the bare owners receive the rest. That split is calculated from the usufructuary’s age and statistical life expectancy, the same actuarial logic used in a viager, so a younger usufructuary is entitled to a larger slice. This is the counter-intuitive part many families miss: the older the usufructuary, the smaller their share of the proceeds, because their right is statistically shorter.
If the parties do not all agree, the options narrow but do not vanish. Each holder can, in principle, sell their own right alone: the bare owner can sell the bare ownership, and the usufructuary can sell or waive the usufruct. In practice, a bare-ownership-only sale attracts a limited pool of buyers and a discounted price, since the buyer cannot use the property until the usufruct ends. Often the cleaner solution is for the usufructuary to waive the usufruct in exchange for their share, allowing a full-value sale.
Because the arithmetic and the consents are technical, a usufruct sale is one where early coordination between the agent and the notary pays off. Establishing the usufruct’s value up front lets everyone see their share before agreeing to sell, which is usually what unlocks the decision.
At a glance
- A usufruct separates the right to use and receive income from bare ownership.
- Selling full ownership needs the usufructuary and all bare owners to sign.
- The price is split by the usufruct’s value, based on the usufructuary’s age (Notaire.be, 2026).
- A younger usufructuary receives a larger share of the proceeds.
- Each holder may sell their own right alone, but at a discount and to a smaller market.
- The usufructuary can waive the usufruct for their share to enable a full-value sale.
- Value the usufruct early so every party sees their slice before deciding.