What are an landowner’s rights if there is a mobile home on their property?

My divorce papers say that I can live in our home until I die. If he dies first it is mine, and if I die first it is his. It’s a 16×80 mobile home but the land is in my name only. Do I have a legal right to sell the land or leave it to my children?

Asked on March 13, 2011 under Real Estate Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I hate to drop this back in your lap but is the mobile home defined as including the land?  Was the land mentioned at all? Was it determined to be marital property or separate property in the agreement or the order?  Was it just excluded and not dealt with at all?  If the last is the case then you may need to go back to the courts to decide it.  You can not transfer any property that is not yours.  So you would not have good title to the property if it is in his name.  When you say "my children" do you mean yours AND his or just yours?  If just yours did he legally adopt them?  His children will inherit his property under intestacy laws if he does not leave it to someone else in a Will.  Get some legal help here.  Good luck.


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