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Attorney & Mediator
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As soon as legal separation agreement was signed, he discontinued

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As soon as legal separation agreement was signed, he discontinued making mortgage payments and purposely tried to let it go into foreclosure so family member could buy it at auction block. The legal docs stated he would have to refinance in his name only (mortgage note in my name) and buy me out. He misled me & made me believe that he had refinanced at time of signing legal docs.At divorce hearing Judge entered judgement against him. I've been stuck making mortgage pymnt while he lives there for free. X found in contempt and ordered to pay me back all mortgage pymnts.He may be removed from home and need to know if I would be able to rent it out to help with mortgage payment since X's mom has separate home on property w/ Deed of Conveyance in fee simple reserving Life Esate with her address only.Built separate home on same property 3 years after Life Estate.Esate states "Not reserving the power to lease, lend, mortgage, sell, convey or otherwise dispose of all or any part of property...
Submitted: 4 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 4 years ago.
To answer your question, only the current homeowner of the house in question would be able to rent it out and apply the proceeds to the mortgage. In this case it would be your ex if he has his name on the deed. If your name is XXXXX XXXXX the deed, then you should also be able to do it. Your house has nothing to do with ex-mother in law's house since these are two separate properties. Her deed is with regards XXXXX XXXXX separate house, does not include the house you had built with your ex.








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Customer: replied 4 years ago.
The property is not subdivided but the Life Estate specifically states my X's mom home address... and everyone seems to think that she is the only one who gets to call the shots... and yes my name is XXXXX XXXXX deed, but after reading the Life Estate it just doesn't make any sense to me that the house I had built on her property after she signed it over with the Life Estate would give her total control. My attorney is trying to tell me if I was even still living there, X's mom could remove me from the property. She is going by the words of his attorney and I doubt she even read the actual Life Estate...
Expert:  Attorney & Mediator replied 4 years ago.
So are there two separate deeds here or a single one?

Thanks
Customer: replied 4 years ago.

I honestly do not know. There are 2 separate addresses on the one property. How would I find out?

 

Expert:  Attorney & Mediator replied 4 years ago.
You would need to visit the county recorder's office where the deeds are recorded. I question this because you say the land is not subdivided. In general before you can legally have two addresses [thus, two deed] you would need to subdivide the land.

Assuming there is only one deed, then the "Deed of Conveyance in fee simple reserving Life Esate with her address only....Not reserving the power to lease, lend, mortgage, sell, convey or otherwise dispose of all or any part of property"

Means ex-mother in law only has rights to live on that property until her death, but cannot lease, lend, mortgage, sell, or give away her life estate. The fee simple, would belong to the person who would inherit the property upon her death. So in essence if this deed is controlling both properties it means the homeowners you and your ex only have a future interest, while ex-mother in law has a right to live on it for her life time. So it would be hard to sell unless the ex's mom agrees to terminate her life estate.




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Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Customer: replied 4 years ago.
I was able to find a Real Estate Agent who was willing to sell it with her remaining in her home with the understanding that she would remain in that house until she passes. He said he would have to sell for less because of this, but our home is worth more in value then her's anyway (to build, it is considerred the 'guest house'). With the Life Estate only reflecting her home address and the rest of the Life Estate...' but not reserving the power to lease, lend, mortgage, sell, convey or otherwise dispose of all or any part of the property in fee simple or any lesser interest' - which seems to me since my name it on the deed and it's been court ordered to sale, the home I had built is not included with the Life Estate. It doesn't mention in 'future' home on property etc.only 210... and the other one is 216. Does this actually separate the 216 from her 210 homes?
Expert:  Attorney & Mediator replied 4 years ago.
Yes, it is possible, although I have never heard of one deed for two different home addresses. You would need to separate deeds upon a legal subdivision and since you say it was not subdivided, I don't know how they are classifying this type of property (multiple family home, for example.) So I would first check with the real estate agent to verify whether this was a legal division of the property (followed city laws on getting a separate address). If that is all up and up then yes you should be able to sell your own property independent on what the deed says because only ex mom in laws home has the restrictions.







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Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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