Legal Question in Wills and Trusts in New York

The provisions of the Deed define your rights to the house. If the boyfriend has life use (a life estate) of the house, then he is entitled to stay there for the remainder of his life, provided he performs all of the obligations he is required to perform.

The second part of your question "take up residence in the house" is an interesting question.

New York Jurisprudence 2nd Ed. (2009) Estates section 186 states the general law concerning possession and use of property by a life tenant. The treatise states as follows:

"It is well settled that a life tenant as the holder of a present estate for life in real property is entitled to the possession and use of the property. Thus, where the ownership of real property is divided between a life tenant and a remainderman or reversioner, the life tenant is entitled to possession, and the remainderman or reversioner has no right to possession or any present right of enjoyment, or tangible or physical ownership, of the land. The life tenant generally has the right to the income and profits from the realty during the duration of the life estate. However, the life tenant owes a duty to the remainderman or reversioner to surrender the property at the end of the use or occupation in the condition it was when received, except for reasonable wear and tear and ordinary depreciation. Moreover, a life tenant of a parcel of real property may be required to file an account."

Based on the reading of the law, and with the limited facts that you have me, I believe that you would not have the right to take residence in the house without the consent of the life tenant. However, the life tenant has the duty to pay the taxes and must account for such when his tenancy is terminated.

Mike.