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  1. #1
    Join Date
    Sep 2007
    Posts
    4

    Default Ohio Life Estate Issues

    I live with my parents (mother and stepfather). I'm listed as owner of the house, but they are both life estate tenants. 3 days ago, a domestic situation occured. My stepfather punched me in the face a couple times. He was taken to jail. I'm currently trying to get a protection order against him, if I understand right I cannot make him move out even though he did this? Is it possible to just sell the house and split it between the 3 of us? My mom and I would definitely sell, but my stepfather might be a little stubborn about it. If he doesn't want to sell, what happens? Does he need to pay us our share to gain sole rights to the house?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default 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.

  3. #3
    Join Date
    Sep 2007
    Posts
    4

    Default 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?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

  5. #5

    Default 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.

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