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Updated over 2 years ago on . Most recent reply

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Andrew Shrigley
  • Investor
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Seller's Ex-wife is on title as Life Estate, is this a red flag?

Andrew Shrigley
  • Investor
Posted

I'm negotiating a deal on a property, and when I did a title search through the county website I found that the seller's ex-wife is on the quit claim deed as a life estate interest. After normal quit claim statement it states:

EXCEPTING AND RESERVING unto Grantor(s) a life estate interest in the above described real estate on the terms listed below.

TERMS OF LIFE ESTATE

"Grantor shall retain the right to use, occupy and possess the real estate described herein for the remainder of Grantors life. Grantor shall have full power to use and dispose of the  entire distributable income from said real property and shall be responsible for payment of real estate taxes thereon. The life tenant shall have the right to execute leases, geophysical exploration, easement, and right of way payments paid on account of the land during his lifetime. Grantor may commit waste on the premises if he desires to do so."

Anyone out there have any insight on this? Quit Claim says convey, release and quit claim all grantor's rights, title and interest in and to the property but then states this about the life estate. 

-Andrew

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Tom Gimer
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Tom Gimer
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Replied
Quote from @Andrew Shrigley:

Thanks for the responses. Grantor is the ex, she is alive, Grantee is seller, also an old friend. They married, she was unfaithful and moved out. I remember he was happy that she "left and did't want anything". I hope that was in fact the case. I plan on asking my attorney about the matter, but I thought since I just joined BP this would be a good way to dive into to forums, so again thanks for the responses. 

Omitting names and addresses, the full Quit Claim Deed reads:

On November 21, 2013 THE GRANTOR(S),

-Rachel ..., a single person, for and in consideration of: One Dollar (1:00) and/or good and valuable consideration conveys, releases and quit claims to the GRANTEE(S):

-Chris..., a single person, residing at ...address...city...county...state...:

Legal Description: ...State... Single Family-Fannie Mae/Freddie Mac Uniform Instrument

Grantor does hereby convey, release, and quitclaim all of the grantor's rights, title, and interest in and to the above described property and premises to the Grantee(s), and to the Grantee(s) heirs and assigns forever, so that neither Grantor(s) nor Grantor's heirs, legal representatives or assigns shall have, claim or demand any right or title to the property, premises, or appurtenances, or any part there of.

A transfer as part of the division of property in a divorce

EXCEPTING AND RESERVING unto Grantor(s) a life estate interest in the above described real estate on the terms listed below.

TERMS OF LIFE ESTATE

Grantor shall retain the right to use, occupy and possess the real estate described herein for the remainder of Grantors life. Grantor shall have full power to use and dispose of the entire distributable income from said real property and shall be responsible for payment of real estate taxes thereon. The life tenant shall have the right to execute leases, geophysical exploration, easement, and right of way payments paid on account of the land during his lifetime. Grantor may commit waste on the premises if he desires to do so.

Based upon this language I would make no changes to my original response.

If a buyer from the ex-husband wanted full unrestricted use use of the property immediately, the ex-wife (erroneously referred to as he and him in the latest deed) would need to join in execution of the deed to a buyer in order to terminate her life estate. 
  • Tom Gimer
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Eastern Title & Settlement
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