What Is Usufruct / Usufruto in Brazil?

Usufruct (“usufruto” in Portuguese) is the right to use and benefit from property belonging to someone else. Usufruct comes from the Latin “usufructus”, meaning “use of fruits.”

In Brazil, parents commonly use usufruct to pass legal ownership to their children during their lifetime, while keeping the right to possess and enjoy the property. This brings forward part of the children’s inheritance: the parents can continue living in the property or collecting its rent for life.

When the parents’ lifetime usufruct ends on death, those rights join the ownership already held by the children, giving them full ownership. The terms for any surviving parent must be respected, and the property registry must be updated. [1, 2]

It is important to check if there is an Usufruct registered before buying a real estate property in Brazil. Buying the property does not automatically end someone else’s right to use it. [1]

This guide is general information, not legal advice. You should not act or rely on the information on this website without first seeking the advice of an attorney. Retain a lawyer licensed in Brazil to review your documents and advise you before committing to a purchase.

Reviewed by Luciano Oliveira, LL.M., attorney admitted in Brazil, Texas, and California. Last reviewed: October 2026. Content updated: October 30, 2026.

1. Who owns the property, and who can use it?

A common way to create a lifetime usufruct is a donation with usufruct reservations, by which the owner may transfer the ownership of a property to a third party, still having the right to continue using and administering such property. This mechanism is widely used by parents who want to transfer their properties to their children in life. Here, “in life” means while the parents are still alive.

There are two different roles when formalizing a lifetime usufruct. In this parent-to-child example:

The usufructuary (usufrutuário) is the person transferring the property but keeping the right of use, administration, and receipt of all benefits arising from such property.

The bare owner (nu-proprietário) is the person receiving the property as a donation, who is entitled to have such property cared for and administered by the usufructuary. If the property is not properly cared for, the bare owner may request usufruct cancellation. This is not an automatic right to remove the holder over any disagreement. [1]

Example: A mother gives an apartment to her daughter and reserves lifetime usufruct. The daughter owns it, but the mother keeps the right to live there or receive its rent. The daughter cannot simply move in or take the rent for herself.

How this compares with a US Life Estate

When compared to the American legal system, a lifetime usufruct is similar to a life estate. In a life estate, the land possessor may use the land for his/her entire life. Upon death, the right to possession passes to whoever holds the remaining interest. The comparison is only a starting point: US rules vary by state, and a Brazilian usufruct can also be for a fixed period rather than a lifetime.

2. What rights and responsibilities come with usufruct?

Usufruct is covered by the Brazilian Civil Code, from article 1.390 to article 1.411. The usufruct may be over one or more assets, whether personal or real property, whole estate or part of it. For real property, it normally must be registered in the Real Estate Registry Office (Registro de Imóveis). The law makes an exception for rights acquired through adverse possession, which requires separate legal analysis. [1, 2]

The usufructuary has the right to possess, use, administrate and receive the benefits. The usufructuary may obtain the benefits personally or by means of leasing, as long as the economic destination is not altered without explicit authorization from the owner. In everyday terms, the holder may use the property or rent it out, but cannot change its purpose without the owner’s permission.

Before assuming the usufruct, the usufructuary is responsible, at his or her own expense, for inventorying goods to be received and determining their condition. The procedure resembles an inspection report for property leasing.

The usufructuary shall also have the duty to provide ordinary repairs and maintenance. Major repairs generally fall to the owner, subject to the rules on costs in the Civil Code. [1]

3. Can a property with usufruct be sold?

The person receiving the property as a donation can generally sell the bare ownership, unless another restriction prevents it. The buyer then takes the property subject to the usufruct. Selling bare ownership does not sell vacant possession. The usufruct may also be created through a will, but a will takes effect after death; it does not transfer the property during the person’s life. [1]

If you want to buy with the right to use the property yourself, your lawyer must establish how the usufruct will end and be removed from the registry. A living holder may formally give it up; if the holder has died, the registry will need the supporting documents. A seller’s promise that “the usufruct is over” is not enough. [1, 2]

The usufruct right itself cannot be sold or transferred by alienation; its exercise may be assigned for payment or without charge under Civil Code article 1,393. That is different from the bare owner selling the property.

Before paying or signing, have your lawyer check:

• The current property record (matrícula): who owns the property, who holds usufruct, and whether other restrictions apply.
• The terms: whether usufruct covers the whole property, when it ends, and whether there is more than one holder.
• The removal process: which documents, signatures and registry entries are needed before you can receive the rights you expect.

4. When does usufruct end?

The end of a usufruct must be reflected by cancellation of its registration in the Real Estate Registry Office in Brazil. Reasons for ending it include the usufructuary’s formal renunciation or death, the end of its term of duration, or serious failure to care for the property.

For a company or other legal entity, it ends when the legal entity ceases to exist or after a period of thirty years from when its exercise began, whichever comes first. That thirty-year rule is for legal entities, not every individual holder. [1, 2]

Where two or more people hold usufruct, one person’s death does not necessarily end the entire arrangement. The deceased holder’s share normally ends, unless an express survivorship provision gives it to the surviving holder. Have the registry record updated rather than assuming a death certificate alone clears the property for your purchase. [1, 2]

The holder’s usufruct does not pass to heirs as a continuing lifetime right. If the deceased also owned bare title or other assets, those ownership interests require separate succession analysis. Do not confuse cancellation of usufruct with probate of property the deceased owned.

Continue your property checks

To learn all about purchasing real estate in Brazil, check our How to Buy Properties in Brazil guide. For help understanding the entries, see how to read a property record.

For choosing gifts, reserved rights and family structures, see lifetime estate planning. For the tax questions, use our inheritance and gift-tax guide. This page focuses on what an existing usufruct means for the property and its buyer.

Sources supporting this guide

Official sources checked on 30 October 2026. The links below let readers and their advisers check the underlying law.