Expert: Dick Dennis - 5/27/2008

Question
I transfer the title of my property to my son and I have a life state in it. I learn
lately that he put  a mortgage against the house without telling me. Is this legal?
Can I get the title back?

Answer
The fact that he was able to get a mortgage is proof enough that he was legally able to put a mortgage against the house, Donald. Once he has legal title to the house, he may do with it as he pleases. The lender would not have lent him the money if his name was not legally on it. You obviously did it correctly. I hope you also reserved your life estate on the property, too. If you want to check to make sure, you can go to the county recorder (or a title company can do it over the phone, too) and verify that you indeed have a life estate.

There is one thing about your life estate that you should be aware: YOU must maintain the property in good condition, unless he decides to maintain it himself. But you, the beneficiary of the life estate, is responsible to maintain the property. If it is not, the owner of the property can take it to court and have the life estate erased and have you evicted. I do wish you well, Donald.

Dick Dennis