It happened in Madrid. ‘Subject A’ barely has contact with his children but feels enormous affection for his dogs, so he decides to reach an agreement with ‘subject B’: he will donate his home in usufruct if he agrees to take care of his pets. If ‘Subject B’ complies, no problem. If the animals end up unattended, you risk having the donation revoked. That of ‘A’ and ‘B’ is just one case commented a few days ago to The Newspaper (EPE) by a lawyer with an office in the capital, but it reflects a larger phenomenon: the increase in donationsincluding conditional ones.
And it makes sense.
What has happened? that in full housing crisiswith rental prices and m2 climbing to levels that remember to those of the brick ‘boom’, each time is more common meet donation signatures in notarial offices. Money is donated. And homes are donated. It’s nothing new. The trend has been going on for some time now. some time and it is part of a broader phenomenon that we have been talking about for some time, the ‘Great transfer’.
What is striking is that just revealed EPE: not only do donations in general skyrocket, so do ‘conditional’ donations, those in which the agreement is subject to a series of previously agreed upon requirements.
Donations with conditions? Exactly. Tax authorities defines them as agreements by which the donation is conditioned to certain requirements. “For it to be valid, the donee must be able to execute the condition or it must be an event with a high probability of occurring,” clarify the Treasury, which thus differentiates it from other types such as ‘pure’ or ‘remunerative donation’.
Its dynamic is therefore simple: donor and donee reach an agreement on which the donation is conditional. It is fulfilled, perfect. If not fulfilled, the good returns to the donor. That is the logic, although in practice there are certain nuances. For example, the donation does not always have to take place at the same time. The donated property can be delivered when the agreement is signed or left in suspense waiting for the agreed conditions to be met.
What do people agree? EPE has spoken with several offices in the Community of Madrid and has come across agreements of all kinds. For example, a grandmother who donates her house to her granddaughter in exchange for her finishing her degree and studying a master’s degree, donations to caregivers or (probably the most striking of all) transfers that are conditional on the care of animals.
“There are cases in which the house is donated with the condition that the recipient takes care of their pet for as long as it is alive,” clarifies Manuel Hernándezby Vilches Abogados. “This guarantees (the donor) that if they die, their pet will be taken care of. It can also be done by inheritance, with a conditional legacy.”
Is it just theory? No. As an example, Hernández cites the case with which this report began: a man from Madrid decided to donate his home to a friend in exchange for her taking care of his three dogs. “She had little connection with her children and was very fond of animals, so she donated her house in usufruct to a younger friend, if she would take care of her dogs. If this condition was not met, the revocation procedure could be initiated,” says the expert. The phenomenon is increasingly common and part of the “humanization” of pets.
Is that easy? In practice, the agreements have fine print. It I remembered recently in COPE the lawyer Carolina Florez de Quiñones, who recognizes this type of conditional transfers, just like those directed to caregivers of the elderly; but he warns: “No one can leave alive what he cannot leave dead.”
What does that mean? That the will of the person who donates is one of the key factors to take into account, but not the only one. Another is forced heirs. A living donation that damages your ‘legitimate status’ may end up being considered ‘unhelpful’.
Are there more formulas? Yes. Another formula that has become popular is the donation of housing in bare propertywhich basically consists of transferring ownership of an asset without the rights of use and enjoyment. If we are talking about an apartment, that means that the donor can pass it on to his children, grandchildren, nephews or whoever he considers, but without giving up the usufruct of the home for the rest of his life. That is, the donor continues to enjoy the apartment as if nothing had changed, which implies that he or she can live in it or even rent it.
Have they increased that much? The donations, definitely. In October the General Council of Notaries (CGN) published a report which shows that between 2017 and 2024 housing donations skyrocketed by almost 68%: from 32,623 they went to 54,735. During the first half of 2025 alone, it counted 27,000 donations. At the same time, notaries recorded an increase in inherited homes.
The backdrop is the rising cost of housing and the difficulties of access for young people, which partly explains why grandparents, parents, uncles… come to the ‘rescue’ of the new generations, facilitating their access to the market.
What do the notaries say? “The data show a clear increase in donations and inheritances of homes from older people to the following generations,” confirms the CGN. In case there were any doubts about its growing weight, the group also remembers that the number of inherited and donated homes in 2024 would be equivalent, overall, at 64% of purchase and sale operations.
Not only housing is donated. Money is also transferred from the pockets of grandparents or parents to grandchildren/children to make it easier for them to get a mortgage. The question remains as to how many of these donations come with conditions.
Images | Pam Mene (Unsplash), Yen Vu (Unsplash) and General Council of Notaries
GIPHY App Key not set. Please check settings