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Can a Life Tenant Sell The Property Without Consent of the Remaindermen?

Can a Life Tenant Sell The Property Without Consent of the Remaindermen?

Q: Does joint tenancy with right of survivorship override a will?

Yes, joint tenancy with right of survivorship typically overrides a will. When one joint tenant dies, their share automatically passes to the surviving joint tenants, regardless of what the will states. This means that the property does not go through probate and is not subject to the terms of the deceased's will.

Full question:

my mother owns her home and has a deed that states ' during the term of my life and then to my children XXX in equal shares as joint tenants and not tenants in common of said property'. Can she sell her home outright or does she need approvals from all of her children ?

Category: Real Property
Subcategory: Joint Tenants
Date: 04/07/2025
State: Massachusetts

Answer:

Someone with a life estate has a right to the use of the asset in which she or he has a life estate for her or his life. The right can also exist for the life of someone else. The right extends to the use of the asset and the income from it. In the case of a farm, for example, the holder of a life estate, called a life tenant, could farm the land, sell the crops and keep the proceeds. The life tenant could also live in any house on the land. The life tenant will still be responsible for the payment of all taxes, insurance and maintenance on the farm.

A life tenant can sell or mortgage his or her life interest, but the interest sold or mortgaged is limited to the lifetime of the seller or mortgagee. The consent of the remaindermen is required.
Although the life tenant can sell the life estate, the buyer would have ownership rights only as long as the original life tenant lived. A remainder interest may also be sold. However, a life estate or remainder interest is difficult to sell during the life of the measuring persons, since it is unknown how long they will live and therefore the value cannot be determined.

If a remainderman wants to sell the property, the only way of doing so is to obtain a release of the life estate from the life tenant. This is often impossible. Accordingly, in the circumstance in which a son wants to sell a property which is subject to the life estate of the parent, he will not be able to do so unless the parent is willing to release his life estate.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is it called when multiple people own a property?

When multiple people own a property, it is often referred to as co-ownership. There are different forms of co-ownership, including joint tenancy and tenancy in common. In joint tenancy, all owners have equal shares and the right of survivorship, meaning if one owner dies, their share automatically goes to the surviving owners. In tenancy in common, each owner can have different shares, and their share can be inherited by their heirs.

What happens when my name is not in the deed of the house?

If your name is not on the deed of a house, you typically do not have legal ownership of the property. This means you may not have rights to sell, mortgage, or make decisions about the property. However, if you have contributed to the property or have an agreement with the owner, you may have a claim to some rights, but this can be complex and may require legal advice.