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Ray
Ray, Lawyer
Category: Real Estate Law
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Experience:  Texas Attorney for 30 years dealing in real estate
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The XXXXX XXXXXfe estate deed states that; "for as long

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The XXXXX XXXXXfe estate deed states that;

"for as long as they continue to reside in and occupy the property together: said life estate to terminate when both parties cease to occupy the subject property, 30 consecutive days or at such time that both parties are deceased."

The first party to the life estate died. The remaining party abandant the property more than a year ago.

Can the remainderman register a new deed without the signature of the second party. Is this necessary or adviseable as the deed states that the remainderman is the sole seperate, equitable owner of the property.

RayAnswers :

Thanks for your question and good evening.My sympathy here for your situation and dilemma.

RayAnswers :

There are two ways here to get full and clear title.You can get the remaining life tenant to quitclaim the property to you.The other option here would be a suit to quiet title.In such a suit you argue abandonment as per the deed and the court if they agree awards you complete legal title.You cannot simply deed around this other party it would require either a quitclaim or the suit to quiet title.

RayAnswers :

Here is information about a quiet title action.

RayAnswers :

These are your options to clear out the life estate interest.If you can get the party to sign a quitclaim that would be the simplest and cheapest way to resolve this matter.Otherwise a suit to quiet title is the only other option.

RayAnswers :

It ha sbeen my pleasure to chat with you.Please let me know if you have more follow up.Thanks again.

RayAnswers :



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RayAnswers :

Here is free quitclaim form..

RayAnswers :

Thanks again for letting me help you.

Ray and 2 other Real Estate Law Specialists are ready to help you
Please let me know if you have more follow up.It is never a problem.I appreciate the chance to help you tonight.