If my husband inherited his father’s house but his father gave his partner living rights, does my husband have any say or right to ensure that the property is being taken care of?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my husband inherited his father’s house but his father gave his partner living rights, does my husband have any say or right to ensure that the property is being taken care of?
She’s in her 70’s. Does he have to wait until she passes or can he check on the house?
Asked on January 29, 2013 under Real Estate Law, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Yes, your husband does have such a right. What your father-in-law created for his partner is known as a "life estate". Accordingly, his partner is the "life tenant" and your husband is the "remainderman" (i.e. has full ownership rights to the property upon the life tenant's demise).
Generally a life tenant has the right to do anything with the property that a full owner could do. Further, in addition to these rights a life tenant also has responsibilities. Accordingly, they must pay taxes, maintain the property and not permit it to suffer any damage. A remainderman has the right t inspect the premises upon proper notice. If the remainderman then determines that the life tenant is not properly maintaining the premises, then they can file suit in court.
Since all of the procedures for inspection, etc. vary from state-to-state, you should consult directly with a real estate attorney in your area as to your rights/remedies under specific state law.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.