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tanneja · Sep 28, 2013, 03:16 PM

If your father put land in your name so you could get a loan on said land that you are paying a payment on so you could move your house to be near him can he evict you off the land. This is in Texas

LisaB4657 · Sep 28, 2013, 03:19 PM

If you are listed as an owner on the recorded deed then you cannot be evicted.

ScottGem · Sep 28, 2013, 03:38 PM

If the title was transferred in your name, its your property and you can't be evicted from it. However, was there any contract signed when he put it in your name?

tanneja · Sep 28, 2013, 03:49 PM

The only thing signed was a live will giving him the right to live on the land until his death.

LisaB4657 · Sep 28, 2013, 03:56 PM

Now this is getting confusing. Was there a deed recorded that listed you as the owner? Or did he put it in a will that you will get the property?

If there's a deed listing you as the owner then no, he cannot evict you. If the property is still in his name and he put it in a will that the property will go to you upon his death then yes, he can evict you now.

If he signed a deed transferring the property to you but reserved a life estate for himself then yes, he may be able to evict you but it depends on the terms in the life estate.

Tell us exactly who is listed as the owner of the property in the deed that is currently recorded with the county.

tanneja · Sep 28, 2013, 04:02 PM

Originally Posted by LisaB4657

Now this is getting confusing. Was there a deed recorded that listed you as the owner? Or did he put it in a will that you will get the property?

If there's a deed listing you as the owner then no, he cannot evict you. If the property is still in his name and he put it in a will that the property will go to you upon his death then yes, he can evict you now.

If he signed a deed transferring the property to you but reserved a life estate for himself then yes, he may be able to evict you but it depends on the terms in the life estate.

Tell us exactly who is listed as the owner of the property in the deed that is currently recorded with the county.

The land is listed in my name but I had it but on there that he could live on the property until his death. So he would not have to worry about me kicking him off the land. It's been an estranged relationship but though we had resolved things until he had a lawyer mail me a notice of intent to evict.

ScottGem · Sep 28, 2013, 04:13 PM

The wording of the life estate is very important. If it says he has full control of the property during his lifetime, then he may be able to evict you. The fact that his lawyer sent you a vacate notice, is indicative that he may have that right. You need to read the life estate very carefully or take it to an attorney.

tanneja · Sep 28, 2013, 04:16 PM

Originally Posted by ScottGem

The wording of the life estate is very important. If it says he has full control of the property during his lifetime, then he may be able to evict you. The fact that his lawyer sent you a vacate notice, is indicative that he may have that right. You need to read the life estate very carefully or take it to an attorney.

Thank you very much you've been very helpful

LisaB4657 · Sep 28, 2013, 04:17 PM

He may be able to have you removed from the property until his death. I suggest that you bring a copy of the deed to an attorney as soon as possible.

tanneja · Sep 28, 2013, 04:20 PM

Originally Posted by LisaB4657

He may be able to have you removed from the property until his death. I suggest that you bring a copy of the deed to an attorney as soon as possible.

Thanks you've been very helpful in this matter.

LisaB4657 · Sep 28, 2013, 04:28 PM

My pleasure. Good luck!

AK lawyer · Sep 28, 2013, 05:40 PM

If OP's father has a life estate, OP would in general, have no right to occupy the property during the father's lifetime. So, it seems, the father has every right to evict the OP.

tanneja · Sep 28, 2013, 05:50 PM

Originally Posted by AK lawyer

If OP's father has a life estate, OP would in general, have no right to occupy the property during the father's lifetime. So, it seems, the father has every right to evict the OP.

Even though there is a lien on the property which the money was used to move to the property at his request.

LisaB4657 · Sep 28, 2013, 06:04 PM

It's going to depend on the wording of the life estate, the type of property involved, the intentions of the people involved and a lot of other things that we cannot answer for you here. You need to speak to an attorney in your area who can review all of these things.

tanneja · Sep 28, 2013, 06:07 PM

Originally Posted by LisaB4657

It's going to depend on the wording of the life estate, the type of property involved, the intentions of the people involved and a lot of other things that we cannot answer for you here. You need to speak to an attorney in your area who can review all of these things.

Thanks for your help in this matter a lawyer will be contacted Monday. Thanks again everyone.

ScottGem · Sep 29, 2013, 05:54 AM

Originally Posted by tanneja

Even though there is a lien on the property which the money was used to move to the property at his request.

The lien has no bearing. As Lisa and I have been saying the wording of the life estate is the key to this.

joypulv · Sep 29, 2013, 06:22 AM

Now that the law is as clear as it's going to get here - It's sad when father and child have to hire lawyers to duke it out. Care to tell us what this is all about? There might be ways to resolve this between you without being evicted.

AK lawyer · Sep 29, 2013, 07:03 AM

Originally Posted by ScottGem

The lien has no bearing. As Lisa and I have been saying the wording of the life estate is the key to this.

Well, it's not clear what OP means by the lien. OP did write that financing was obtained for the purpose of moving the mobile home onto the property. I assume that this lien belongs to whomever loaned the money. Presumably this lien is a mortgage or the equivalent, signed by the father/life tenant, as well as by the son/remainderman. But I will agree with you: this lien probably wouldn't make any difference.

Hopefully after OP consults with a lawyer tomorrow, we will hear back from OP with a clearer picture of what is going on.