Short answer. Yes. Article 564 of the Civil Code expressly permits a usufruct over a part of the fruits of a thing. There is no requirement that the usufruct cover all of the fruits — the owner and the usufructuary can split the income in whatever proportion they agree on.
What the law says
Usufruct may be constituted on the whole or a part of the fruits of the thing
Civil Code, Article 564 — Usufruct May Be Partial or Successive. Read the full provision →
Article 564 allows a partial usufruct
Article 564 of the Civil Code states that a usufruct may be constituted on the whole or a part of the fruits of the thing. This wording is deliberate and permissive. An owner who wants to retain some income from a property while granting another person the benefit of the rest is not barred from doing so. A usufruct over half the fruits, a third, or any other agreed portion is valid under this provision. The owner and the usufructuary can define the scope of the income split in their agreement.
Multiple usufructuaries are also possible
Article 564 goes further: the usufruct may be in favor of one or more persons, simultaneously or successively. A single owner could grant a usufruct over half the fruits to one person and another usufruct over the remaining half to a different person, with both enjoying their share at the same time. Or the full usufruct could pass from one beneficiary to another in sequence, each enjoying it for their designated period. These structural options make usufruct a flexible tool in family arrangements, estate planning, and contractual income-sharing.
Time-based and conditional variations
Beyond scope and multiplicity, Article 564 allows the usufruct to be defined in time. It may operate from or to a certain day — commencing on a specific date, ending on one, or both. It may also be created purely — unconditionally — or conditionally, taking effect or ceasing depending on whether a stated event occurs. An owner could grant a partial usufruct over half the rental income from a property, starting on a specified date and ending when a condition is met, all within what Article 564 allows.
Drafting the usufruct clearly
The flexibility of Article 564 only helps if the document creating the usufruct is precise. Ambiguity about what fraction of the fruits is covered, what counts as a fruit, when the usufruct starts and ends, and how disputes will be resolved can all generate conflict between the owner and the usufructuary — or among multiple usufructuaries. If you are creating or entering into a partial usufruct arrangement, the document should specify the portion covered, the method for calculating and distributing fruits, and the duration or conditions of the arrangement. A lawyer can help you draft these terms in a way that avoids later disputes.