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Selling a Bulgarian home subject to a retained right of use

A sale does not itself end a retained property right of use. Check its scope, duration and termination before agreeing vacant possession.

Kalchev Law FirmA law firm publication
1 min readPublished: Legal review pending

The essentials

  • A change of owner does not erase the right of use.
  • Moving out and legally relinquishing the right are different.
  • Each beneficiary's position needs examination.

An owner can sell the property, but the sale itself does not terminate an existing property right of use. The buyer needs to know whether title remains burdened by another person's right to use the home and receive its fruits or income.

Read the instrument creating the right

Check whether it covers the whole apartment or part, its duration and its beneficiaries. Saying that a parent lives there could describe a family arrangement, tenancy or property right, with different consequences. Compare the deed with registered entries, not merely address-registration records.

The beneficiary cannot transfer the right itself. That does not entitle the owner to disregard it. A lifetime right ends on the beneficiary's death; if several beneficiaries exist, one death does not settle the others' position.

Where the buyer requires vacant possession

A promise to move out is not the same as termination of the right. A voluntary relinquishment must follow the required legal form and registration. A general statement that no claims remain is not a reliable substitute without examining its effect.

Article 59 of the Ownership Act provides other grounds, including non-exercise for the statutory period, but absence from the home does not automatically prove the requirements. Without established termination, either negotiate on the basis of burdened title or agree a clear condition before payment. Mortgage finance may also depend on resolving the issue.

Practical guidance

What to do, step by step

01 / 03

Identify the right

Start with its creating instrument.

  • Check beneficiaries, premises and duration.
  • Compare the deed with current registered entries.
02 / 03

Clarify vacant possession

Use a verifiable condition.

  • Establish whether valid relinquishment is possible.
  • Check its required form and registration.
03 / 03

Connect status and payment

The price should reflect the right being acquired.

  • State whether title will remain burdened.
  • Coordinate conditions with the lender where applicable.

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This article is for general information only. It does not constitute or replace individual legal advice.