Define: Life Tenant

Life Tenant
Life Tenant
Quick Summary of Life Tenant

A life tenant is a person who has the right to use and occupy a property for the duration of their life, but does not have the right to sell or transfer the property to another person. Upon the death of the life tenant, the property typically reverts to the original owner or passes to a designated beneficiary.

Life Tenant FAQ'S

A life tenant is a person who has the right to use and occupy a property for the duration of their lifetime.

A life tenant has the right to live in the property and use it for their personal needs. They are responsible for maintaining the property and paying for its upkeep.

A life tenant cannot sell the property without the consent of the remainderman, who is the person entitled to inherit the property after the life tenant’s death.

In most cases, a life tenant can rent out the property and collect rental income. However, they must use the income for the property’s maintenance and upkeep.

A life tenant can make reasonable changes to the property, such as renovations or improvements, as long as they do not significantly alter its value or affect the rights of the remainderman.

Upon the death of a life tenant, the property typically passes to the remainderman, who becomes the new owner.

A life tenant generally cannot mortgage the property without the consent of the remainderman. However, some jurisdictions may allow a life tenant to obtain a mortgage for necessary repairs or improvements.

A life tenant cannot be evicted from the property as long as they are fulfilling their responsibilities and not violating any terms of the life tenancy agreement.

A life tenant cannot bequeath the property in their will since they only have a right to use and occupy it during their lifetime. The property passes to the remainderman upon the life tenant’s death.

In some cases, a life tenant may be able to change the remainderman through a legal process called a “remainderman substitution.” However, this usually requires the consent of the current remainderman and court approval.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 13th April 2024.

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