Can the 2 tenants in common sell a house before life tenant dies? 1 Answers as of September 06, 2016

Person A and B are a couple. Person C and D are A and B's children. Person A set up a trust and he died. The trust using a Bargain and Sale deed granted Person B a life tenancy and that Person C and D are remainder holder (tenants in common). Person B (the life tenant) has been behind on property tax for years and hence, the house is 1 month away from being foreclose on by the county. Is there anything this family can do to sell the house before they lose the house? My understanding is that Person C and D (the children) cannot sell the house unless Person B (the life tenant) is dead. What Person C and D have now are future interest to the house.

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Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
I'd have to review documents. What you describe makes no sense. Real property in trust is held by the trustee; the life tenancy would be created by the terms of the trust.
Answer Applies to: Oregon
Replied: 9/6/2016
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