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I own property that has two homes on it. One home is

occupied by me and a...
I own property that has two homes on it. One home is occupied by me and a friend, the property is in my name, I am separated but not divorced so technically my wife has rights to it if something happened to me. I want my friend to be able to stay in the one home and not worry about being evicted. Can I provide her sometime of life right lease that would allow her to stay in the one house rent free for as long as she lives, even if the two home property is sold? is there some type of documents I can download to address this, please let me know any other suggestions.
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Answered in 6 minutes by:
3/14/2018
DamienJD
DamienJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,471
Experience: Attorney. Well versed, understanding, friendly
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Hello: My name is ***** ***** I am an attorney.

Is your wife's name on the deed also? You said you are the sole owner, but just making sure.

Separately, is your wife in agreement to provide a life estate to your friend?

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Customer reply replied 5 months ago
My wife is not on the deed, just my name, she may not be in agreement, does this change things? if so what else can I do to allow my friend to stay, its more about peace of mind.

Hi again. Your friend can certainly have a long-term lease if not a life estate. The lease would have to be honored. You could still give a life estate (that would be put on the deed), but during the equitable distribution part of the divorce, when assets are split, that could be an issue on who gets what assets.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 5 months ago
Thanks for your timely reply, for now can I just provide her a lease with terms that state, upon the passing of John Doe, Ms.Jane who presently resides at XZY Road has the right to lease this home for one dollar a month until her passing or her vacating the home at which time the lease will be null and void. This lease/agreement shall run with the land. Is this appropriate language? any other suggestions?

You are welcome. Recall, Just Answer is not a law firm. It cannot recommend drafting language for you. You would have to get a local attorney to help you draft an agreement. In any event, a lease is separate than a life estate. Also, what you are stating sounds like the terms of a will, not a lease. So, what you are proposing is combining, lease language, with life estate language with Will language. It is not so easy to do on your own as one would think.

We can continue to discuss the issues, but attempting to get a simple agreement in place using this site will not suffice.

I have been happy to help you understand the issues and discuss the situation.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 5 months ago
Will a lease under the described circumstances suffice, for now knowing that it could be challenged at a later date. in other words is is better then having nothing?

I written lease would be helpful. A written lease protects a tenant as well as giving a landlord the knowledge that a tenant is contracted to rent an abode. If there is no written lease, then the tenant would be on a month to month basis. Someone signing atwo-yearr lease with a right to renew the lease would be more protected than a month to month tenancy. If the owner dies, the heirs would still have to honor the lease.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

DamienJD
DamienJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,471
Experience: Attorney. Well versed, understanding, friendly
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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