Legal Question in Real Estate Law in Rhode Island

If you want your new spouse to be able to live in the house for his lifetime, you could deed the property to yourself and your son, as joint tenants, but reserving a life estate to your new spouse legal right to live in the house for his lifetime. However, that would give your new spouse the right to remain in the house even if you wanted to sell the house, and the life estate may also interfere with an attempt to refinance the property, should new spouse not cooperate. Perhaps best route would be a conveyance to a trust reserving a life estate subject to certain conditions that may be specified in the trust instrument itself. Finally, note that the terms of any current mortgage may prohibit or restrict any conveyance without the mortgagee's consent. Bottom-line: meet with an experienced real estate lawyer to discuss your options.

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