Deputies of the Congress of Tamaulipas made a reform to the Civil Code of the state so that the seniors are not thrown into the street because they have the right to enjoy until their death the good they gave.
In Tamaulipas, no child can strip your home for the elderly, because by law they are entitled to stay at home, even if the property has been granted voluntarily or by deception.
With the addition to article 1667 of the State Civil Code that comes into force this month, it is established that:
“When the donors are people 65 years of age or over, the notary who issues the public instrument of donation, must include the clause of life usufruct on the assets granted to the donees”.
This amendment to the law was proposed by the PAN parliamentary group in the State Congress and approved in the last week of the parliamentary term.
Regarding what the life usufruct means, the lawyer Fausto Villarreal explained it is about the right to use and enjoy an asset that the elderly person has donated, for the rest of their life.
He explained that an estate is made up of bare property and life usufruct.
What are bare ownership and life usufruct?
The bare property is that right of a person over a property of which he is the owner and has the domain but does not hold the possession because it has been transferred through a real right called usufruct.
“The life usufruct is a protection for the elderly, who may not be thrown into the street because they have the right to enjoy the property they transferred until their death and notaries are obliged to put this clause in the deeds.”
Therefore, the notary cannot transfer one hundred percent of the property to another person, thereby avoiding physical dispossession to the detriment of this vulnerable group.
“Whoever intends to deprive them of their assets will no longer be able to achieve it, the modification limits total ownership, it is a very strong lock if the donation process was done deceptively or in bad faith by the new owner.”
Thus, even if the elderly do not have the full right to the property they donated or transmitted, they will have by law the right to remain in it until they die, this is called life usufruct.
In case they still want to strip them of their rights, it will be easier to reverse it legally.