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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37830
Experience:  16 years real estate, Realtor. Landlord 26 years
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My parents got divorce many years ago. In the divorce degree

Customer Question

My parents got divorce many years ago. In the divorce degree it states that if she should pass then the house returns back to him. Can she give her half of the house to her son while she is living? She paid the remaining note on the house until it was paid off. She has no retirement. She was a house wife.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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This sounds like mother received a "life estate" in the house which means that she has the right to use and live in the house until her death and then it goes back to father.

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If this is the case, then she could allow son to live in the house, but it would still be subject to her lifespan as the defining factor. Once she passed, the house would go back to father and he could evict son if he chose to do so.

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But since mother apparently didn't receive ownership of the house or some percentage of it, just the right to use it for her lifetime, that is all she can transfer to son.

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thanks

Barrister