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The property belongs to you jointly and on the death of one spouse it automatically passes to the survivor. You cannot leave jointly owned property in your will. To create a life interest under your will you need to hold the property as tenants in common.
A person with life interest generally (as we have not perused the Will) does not have the right to sell, transfer or alienate the property to the detriment of the absolute owner, which in your case is the son, i.e., you. It is a limited right to enjoy the property up to the death of the life holder.
Pur autre vie (per o-truh vee) is a French legal phrase which means for another's life. This phrase is durational in meaning as it is another's life, not that of the possessor, that is used to measure the amount of time someone has a right to possess real property.
The person in whose favour a life interest is created can be considered a life tenant. Such person can enjoy the property as the owner but he cannot transfer it to someone else. Like every legal instrument, a life interest also has certain benefits and drawbacks.
How do I write a Bill of Sale?Describe the item. Provide the property's details.Provide each party's information. List the name and address of both the seller and the buyer.Outline payment details. State the item's sale price and specify if sales tax will apply to the sale.Note any loans or liens.
The legal term "pur autre vie" means "for the life of another" in French and when used in property law refers to a life estate that a grantor bestows on another person, known as a life tenant, who can hold and use an estate, often a family residence, during the life of third person.
Can Someone With a Life Estate Sell the Property? A life tenant cannot sell the property or take out a mortgage loan against it without the agreement of the remainderman. The reverse is also true: The remainderman cannot sell or mortgage the property during the lifetime of the life tenant.
If you have created a life estate and are looking to remove someone from it, you cannot do so without consent from all parties unless you have a clause or document known as a power of appointment. These powers may be written within the deed or attached to it.
For example, if Bob is given use of the family house for as long as his mother lives, he has possession of the house pur autre vie.
An interest in land that lasts only for the life of the holder. Thus, the holder of a life estate cannot leave the land to anyone in their will, because their interest in the land does not survive the person.