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If the life estate was given to the couple, it would be included in the marital estate. If the life estate was created by a spouse from property acquired during the marriage, it is not separate property and must be included in the marital estate.
Technically most life estates only cover the house involved. Many wills have boilerplate clauses leaving personal property to designated people.
If the property is sold, the proceeds are divided up between the life tenant and the remaindermen. The shares are determined based on the life tenant's age at the time -- the older the life tenant, the smaller his or her share and the larger the share of the remaindermen.
A life estate is a form of joint ownership of real estate. It governs the length of time each owner has rights in the property and what those rights are. The person who holds the life estate is called the "life tenant" and has possession of the property during their lifetime.
The two types of life estates are the conventional and the legal life estate. the grantee, the life tenant. Following the termination of the estate, rights pass to a remainderman or revert to the previous owner.
The person holding the life estate -- the life tenant -- possesses the property during his or her life. The other owner -- the remainderman -- has a current ownership interest but cannot take possession until the death of the life estate holder.
A person owns property in a life estate only throughout their lifetime. Beneficiaries cannot sell property in a life estate before the beneficiary's death. One benefit of a life estate is that property can pass when the life tenant dies without being part of the tenant's estate.
What happens to a life estate after someone dies? Upon the life tenant's death, the property passes to the remainder owner outside of probate.They can sell the property or move into and claim it as their primary residence (homestead). Property taxes will not be reassessed.
Reservation of the present interest allows the owner to retain ownership for a period of time measured by the life of one or more individuals, by a term of years, or by a combination of the two.