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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 24625
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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I live with a man that owns a house, the house is a fixer upper

Customer Question

I live with a man that owns a house, the house is a fixer upper and he and I have lived together for more then three years. We are both using our money to fix it up, from adding rooms to a new roof. He has payed for somethings and I have payed for somethings also, about equal. We have now also bought a new truck with both our names on it, with insurance that if one dies the truck will be payed for. We cannot get married because we both would loss alot of money, I am 63 years old and he will be 63 in October. Is there something we can do to make sure that if he dies I will still be able to live in the house with all household items until my death? We would like to do it without making out a will. We live in the state of Utah.
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Are you on the deed to the house along with him or is he the only one on it?
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Is he willing to execute something so that you would have the right to continue living there and using the property should he pass first?
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Thanks
Barrister
Customer: replied 1 year ago.

No I am not on the deed. Would it solve the problem if I were on the deed?


 


Also he said he was willing to execute something so that I would be able to stay, but he wants the house to go to his daughter without any trouble.


 


I already have a will (trust) for my daughter if that makes any difference and she knows that she would not get this house.

Expert:  Barrister replied 1 year ago.
Ok, if he wants the house to go to his daughter, then he wouldn't want to add you to the deed outright as that would give you an ownership interest in it.
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However, what he can do is have a new deed drafted from him as grantor back to him and also to you as "life tenants" with the remainder going to his daughter.
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A life estate is a property interest that gives the holder the right to live in and use the property for the rest of their life and then the property passes to the "remainderman" when the life tenant passes.
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So if he did this, you and he would have the right to use and live in the house for your entire lives and it would then pass to his daugher (the remainderman) upon the last life tenant's death.
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Any local real estate attorney or closing company can draft up this type of deed for around $100 or so.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Attorney
Category: Legal
Satisfied Customers: 24625
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 8 other Legal Specialists are ready to help you
Expert:  Barrister replied 1 year ago.

Thanks so much for the positive rating and generous bonus, it is very much appreciated!

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It was my pleasure to work with you and help with your question. Please feel free to ask for me if you need help with anything in the future and I will do my level best to help or get you to someone who can.

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Barrister

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Barrister
Barrister
Attorney/Landlord/Realtor
6894 Satisfied Customers
14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs