Re: Ohio Life Estate Issues
They're life tenants, and you're not? You only have a remainder interest? Then you can't make them move out, but they can make you move out.
Re: Ohio Life Estate Issues
I realize that, my question was more so about selling. My mother is planning on moving out in December. She has no desire to kick me out. He may though after having domestic violence charges against him. It's okay, you reap what you sow. But I'd just as soon at this point to sell it and split the money and everyone go on with their lives. I'm not sure how the selling part of it works?
Re: Ohio Life Estate Issues
If your mother divorces him, she can try to negotiate for the sale of the life estate (or the transfer of his share to her) as part of that process, or try to convince the judge to grant it to her if they are unable to agree on a division of the estate.
In a court action not involving divorce, the cost would likely be considerable and, with it being an action by one spouse against another, the court may well decide against compelling the sale of the life estate. (Check the granting language to see if the life estate is assignable.) Also, appraisals of life estates are tricky, and even when appraisers put substantial values on a life estate it can be difficult or impossible to actually find a buyer at any price.
Re: Ohio Life Estate Issues
If all three of you agree on selling and how much each of you will get you can sell the house. It will require the signature of all three parties.