Legal Question in Real Estate Law in Maryland
Right of Survivorship
The deed states;
***, wishes to transfer, without consideratoin, to himself, the property described below to hold during the life of ***(father) and no longer and upon his death to his son,### in fee simple absolute all fo his right, title and interest in the property located at ..
Since my father has added my brother to his house deed, in the above manor, can he sell his house without any legal interferance from my brother? My fathers thinks the deed is set up as only survivorship rights and my brother says NO he is co-owner with my father and my father can not legally sell the house.
Thank you for any help on this.
1 Answer from Attorneys
Re: Right of Survivorship
Your father's interest in the house is known as a "life estate", and your brother's interest is known as the "remainder". When your father dies, the property automatically belongs to your brother.
Therefore, your father cannot sell the property outright without your brother's cooperation. Theoretically he could sell his interest to a third party, who would have control of the property until your father died. Then it would revert to your brother. As a practical matter, it's unlikely anyone would by such a limited interest.
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