Usufruct and Bare Ownership in Mauritius Explained

Usufruct separates the enjoyment of property from its underlying ownership. The usufructuary may generally use the asset or receive its fruits, such as rent, while the bare owner retains the ownership that becomes full again when the usufruct ends. The Code Civil Mauricien supplies the legal framework, but the deed creating the arrangement and the nature of the asset are essential to understanding what each person may do.

What usufruct means in Mauritian law

Usufruct is often described in French as usufruit, with the bare owner described as the nu-propriétaire. It can be used in a will, gift or other legal arrangement to allow one person to live in or benefit from property while preserving the capital ownership for another. It is not the same as an informal right to stay in a family home. The exact document should identify the property, duration, conditions and any duties that vary from the general rule.

The usufructuary's rights and duties

The usufructuary’s central entitlement is enjoyment, but enjoyment carries responsibilities. The person should use the asset responsibly, preserve its substance and respect the bare owner’s continuing interest. For a rented property, questions can arise about who collects rent, deals with tenants and pays ordinary outgoings. For a home, the practical issue may be occupation and access. Clear written arrangements can prevent a legal concept becoming a family stalemate.

What the bare owner can and cannot do

The bare owner retains an ownership interest but cannot simply disregard the usufruct and take possession or sell free of it. The value and marketability of the interest may be affected by the usufruct. Equally, the bare owner is not merely a future beneficiary with no present concern: they have an interest in protecting the property from damage, unauthorised disposal or serious neglect. Communication is particularly important where one party occupies the home.

Who pays repairs, rates and insurance

The division of expenses depends on the type of expense, the terms of the deed and the asset. Ordinary maintenance, major structural work, rates, insurance premiums and loan obligations should not be allocated by assumption. Before paying a substantial bill, identify the nature of the work, obtain quotes and record why it is necessary. A dispute over repairs is often really a dispute over control, so a written proposal can be preferable to unilateral action.

How usufruct is created

Usufruct may be created by a will, a lifetime donation or another legally effective arrangement. Where immovable property is involved, the proper notarial and registration steps are important. The document should avoid vague language such as ‘the house is for life’ without identifying the exact legal right. For the connection with gifts, see {link('donations-gifts-inter-vivos-mauritius', 'lifetime gifts and donations')}.

How and when usufruct ends

An usufruct does not last forever, but the event ending it depends on how it was created and its terms. Death of the usufructuary is a common circumstance, but do not assume it is the only relevant event in every arrangement. The end of usufruct should be recorded properly so that title and possession can be regularised. If there is property held with others, the transition can overlap with succession or indivision issues.

Using usufruct in estate planning

Usufruct can be useful where a person wants to protect a spouse or other beneficiary’s enjoyment of a home while preserving the eventual ownership for children or another person. It is not a universal solution: funding, repairs, sale, remarriage and family relationships all need to be thought through. It should be planned alongside the will and the reserve applicable to heirs. More related material is in the estate and succession hub.

The best arrangements anticipate awkward but ordinary events: a major repair, a move into care, a desire to rent the property, inability to pay insurance or a request to sell. The people involved should know who must be consulted, which expenses require agreement and where records will be kept. If the property is a home, emotional attachment can make an apparently simple legal arrangement feel restrictive. Clear planning respects both the usufructuary’s security and the bare owner’s interest in preserving value, rather than treating either as an obstacle to the other.

When the arrangement is created by a will or gift, ensure that the person who will administer the estate understands it. The estate documents should identify the relevant title, the person entitled to enjoyment, the person who will ultimately own the asset and any conditions attached. This reduces the risk that a bank, tenant, buyer or family member is given inconsistent instructions. Where the asset produces income, agree how statements and payments will be shared. A transparent paper trail is the most practical safeguard against later arguments that one party has received too much or failed to meet their obligations.

The parties should avoid treating the property as though one person has all the rights and the other none. The usufructuary’s security of enjoyment and the bare owner’s interest in the asset must coexist. Before a significant change—new tenant, renovation, sale proposal or financing—both should obtain the relevant documents and understand the effect on the other’s interest. This is particularly important for family homes, where informal arrangements can last for years and become harder to explain after a death, move or change in financial circumstances.

A clear deed and disciplined communication give each interest the practical respect it requires throughout the arrangement.

Related reading: lifetime gifts; dividing inherited property; matrimonial regimes and succession; a first consultation with a barrister.

This article is general legal information for Mauritius, not legal advice. For advice on your situation, consult a barrister.