Legal Question in Real Estate Law in Arkansas
who is responsible?
My grandfather gave me a warrenty deed to a house but I will not actually own the house until his death.
Who is responsible for the property's upkeep?
I thought the house was actually mine so I've been managing it as a rental property & paying insurance etc. for the last 5 years but the house is old & I've had bad renters so I'm going broke trying to maintain the property. My grandfather won't help me manage or pay for things and says if I don't want the house I can give it back, but it's still technically his. I can't use it as collateral to get a loan & fix it up. How do I 'give back a house that's not even mine yet? and who is responsible for the house's maintenance, property tax & insurance while he's living?
1 Answer from Attorneys
Re: who is responsible?
Your remedy depends on the language of the conveyance. It appears that the property is actually yours, but your grandfather reserved a life estate for himself.
If he has a life estate, then he also has a duty to reasonably maintain the property.
The outcome of your case is fact dependent. I suggest that you contact an attorney in your area to discuss the specifics of your case so that you can receive personalized advice.
Good luck!
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