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-   -   Life estates in nc (https://www.askmehelpdesk.com/showthread.php?t=706925)

  • Oct 4, 2012, 03:01 PM
    jcubed41atgmail
    Life estates in nc
    I have a life estate in a home on about 4 acres. Do I have to live on that property. I have just gotten married and am living with my new wife at her house. Will I lose the life estate I hold if I do not reside there? Can I rent the property to others while I hold a life estate?
  • Oct 5, 2012, 04:59 AM
    ScottGem
    You need to read the terms of the document that created the life estate. Generally a life estate allows you to continue to live on the property during your lifetime. But if you vacate then the actual owner can take possession.
  • Oct 5, 2012, 12:27 PM
    AK lawyer
    Quote:

    Originally Posted by ScottGem View Post
    ... Generally a life estate allows you to continue to live on the property during your lifetime. But if you vacate then the actual owner can take possession.

    Not really.

    A life estate is equally as real ownership as any other kind of ownership.

    It's often explained like a bundle of sticks: the bundle would be what is called a "fee simple absolute". It's the right of ownership by the owner and his heirs, forever.

    If there is a life estate, the life tenant such as OP owns one stick and the remainderman owns the other. Neither is more the "actual owner" than the other.

    To answer OP's question, as long as OP is living, he or she has the exclusive right to possession of the property. The remainderman, if he or she tried to occupy it, would be trespassing.

    Quote:

    Originally Posted by jcubed41atgmail View Post
    ... Can I rent the property to others while I hold a life estate?

    Certainly.
  • Oct 5, 2012, 01:19 PM
    ScottGem
    I sit corrected ;)

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