Legal Question in Real Estate Law in Virginia
Lifetime Living Rights
Mother deeded house and property to son and daughter-in-law. Mother has lifetime living rights stipulated in deed. Son and daughter-in-law pay taxes and home insurance. What rights do son and daughter-in-law have in regard to who can actually live in house with mother-in-law?
1 Answer from Attorneys
Re: Lifetime Living Rights
It depends on how the deed is written, but normally if the house is deeded to the mother during her life (rather than just saying she has the right to live there), she would have 100% control over the house during her lifetime.
Again, the deed could say that the house is deeded TO her during her life (she owns it during her life) or it could say she has a right to live there, which woudl nto be as strong or clear.
The only thing she cannot do would be to commit "waste" that is to unnecessarily run down the house at the expense of the "remaindermen."
SO it really depends on how the deed says this.
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