I have a "right of life" estate. can i make my son and his family move out of "my" home?

Author Message
Icon Mini Profile lady_two89




Joined: 29 Jun 2009

Posts: 1

1.34 Dollars($)
PostPosted: Mon Jun 29, 2009 10:31 pm    Post subject: I have a "right of life" estate. can i make my son

I quit claimed my property back in 2001 to my son and his wife, due to financial problems that I was having. I have a "right of life" estate. I own the mobile home on the property. I moved out, and want my son and his family to leave, so I can either rent it, or sell it. Can I make them leave? I know if it gets sold, it will have to be moved off of the property.
Icon Mini Profile jameshogg
jameshogg



Joined: 20 Dec 2005

Posts: 4291
Location: nevada
509.34 Dollars($)
PostPosted: Mon Jun 29, 2009 11:56 pm    Post subject:

Hi lady_two,

Though you have right to life estate on the property, your son is the legal owner of the property. You cannot force him to leave the property so that you can rent it. However, if your son transfers the property back to you, then you can ask him to leave the property.

Thanks
Icon Mini Profile jheard
jheard
Moderator


Joined: 12 Dec 2007

Posts: 599
Location: Houston, TX
98.69 Dollars($)
PostPosted: Tue Jun 30, 2009 7:03 am    Post subject:

If you have a life estate, absent another provision in the deeds, you have the right to possess the property during your lifetime. Based on this, you can evict your son and his family. Check with an eviction lawyer.
_________________
Disclaimer: This is not legal advice and I am not your lawyer. The information provided in this forum is for discussion purposes only, and is no substitute for an in-person consultation with an attorney who can analyze all of the facts and determine how your state and local laws may apply to your specific situation.
Icon Mini Profile gmakerley
gmakerley
Community Mentor
Community Mentor


Joined: 09 Nov 2007

Posts: 7405
Location: bloomfield, ct
62.63 Dollars($)
PostPosted: Tue Jun 30, 2009 7:21 am    Post subject:

i'm surprised to read that, jheard. the son and his wife are owners of the property. it's possible for a person holding a life estate to evict the owners?
_________________
George M. Akerley
Loan Consultant

860-221-5044
Quick Reply
Your Name
Subject
Message body

All times are GMT - 7 Hours
Page 1 of 1

 
Ask Questions
Community Attorney
Joshua Heard - Attorney Joshua Heard
Houston, Texas






Highlights
Helpful References
Mortgage Guide
Mortgage Terms
Mortgage News
Book Center
Shop and Compare lenders
30 Yr. Fixed Vs. 5/1 ARM


Our Community
MortgageFit Blog
Community Professionals
Community Rewards
Introduce yourself
Website tools


Community Rewards
Five simple ways to earn money with the Mortgage Community.

New and upcoming tools
Credit Repair Tool New
Mortgage Planner
Simple Budgeting Tool






DebtConsolidationCare    Insurance community: We Make You Insurance Smart    CreditMagic: Helping you build up credit


We have chosen to apply the Creative Commons Attribution License to all works we publish. This work is licensed under cc by 2.0