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  1. #1
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    Nov 2014
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    Default Can You Revoke a Life Estate Granted in a Divorce

    My question involves a marriage in the state of: Texas My parents divorced and it was finalized Dec. 2013. During the divorce we were ordered to sell the house but my mother was given first option to buy out my father. It was then ordered to sell the house but he refused to put house on market and refused to sell the house. We were going to pay my father for his share but he then said he could not afford to live on his own and pay rent due to his income. We agreed that he could live in our back house as long as he paid the taxes and the title was transferred to my mother. The deed is now under my mothers name but he is refusing to pay taxes. He has people coming in and out of the back house and has recently brought an illegal immigrant to live with him in the back house. He stated he will marry her to give her papers as long as she takes care of him both sexually and physically. This is what he admitted to. People come in and out of that house at all hours of the day. He is committing medicare fraud by lying about his disability which we have proof. We do not want to have illegal activities going on and we also want him to follow court orders. Court orders state he must pay taxes, stay away from us (he has a court case pending due to assaulting me), he is not allowed to be on our patio and he must keep our backyard clean, not come in to the main house nor interfere with our guest. Also, he makes repairs to the back house without obtaining permission from us nor obtaining the home improvement/repair permission from the city. Can we evict him or should we take him to court to modify the divorce agreement and revoke his life estate. We can no longer afford an attorney as he has done a lot of damage to the main house which we are repairing now. Most of my moms savings went to the divorce which was over $10k because he lied to his attorney and told him that he inherited this house. Well I provided proof to my moms attorney that showed otherwise. He has gotten so far with his lies and yet everything seems to go in his favor. Since I will be doing all the paperwork myself (just as I did the QUADRO) I just need advice on where to begin. Is it feasible to accomplish this? Would a motion to modify or eviction be approved? Please help we can not handle this stress anymore. My mom has lost over 60lbs due to stress. By the way, we have proof of the constant assaults, his ability to walk and how he can function on his own.

  2. #2
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    Default Re: Can You Revoke a Life Estate Granted in a Divorce

    Quote Quoting irenet1970
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    We were going to pay my father for his share but he then said he could not afford to live on his own and pay rent due to his income. We agreed that he could live in our back house as long as he paid the taxes and the title was transferred to my mother.
    We have no access to the resultant deed. Are we to infer that this deed specifically vested him with a life estate in the marital home? Or is it in some portion of the home -- as you appear to possess part of the home.
    Quote Quoting irenet1970
    The deed is now under my mothers name but he is refusing to pay taxes.
    Is he in fact a life tenant by virtue of a deeded interest in the property, or is your mother the sole owner of the property? Are we actually talking about enforcing a life tenancy, or is this merely a provision of the divorce settlement that allows him to remain in residence in some portion of the former marital home?
    Quote Quoting irenet1970
    He has people coming in and out of the back house and has recently brought an illegal immigrant to live with him in the back house.
    You may not like hearing this, but that is none of your business.
    Quote Quoting irenet1970
    He is committing medicare fraud by lying about his disability which we have proof.
    That is irrelevant to his interest in the property.
    Quote Quoting irenet1970
    Court orders state....
    Are we talking about the orders from only one court, or from multiple courts? Are you now confirming that there is not actually a life tenancy, but instead that the divorce judgment gives him the right to live in some portion of the former marital home?
    Quote Quoting irenet1970
    Also, he makes repairs to the back house without obtaining permission from us....
    From what you've told us so far, there is no "us" -- just mom. If she believes he's violating the terms of her divorce judgment, she can consider seeking relief through the divorce court. If we're talking about a deeded life estate, it becomes more complicated.

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