California law is clear: a life estate must be in writing to be legally enforceable. In California, real estate transactions conveying ownership interests must follow strict legal requirements, particularly when it comes to life estates. Some property owners mistakenly believe that someone can transfer a life estate through a verbal agreement, but this is not true.
At Talkov Law Partition Attorneys, we specialize in resolving disputes involving real estate co-ownership, including cases where a party falsely claims an oral life estate. Understanding the legal principles behind life estates can help prevent costly legal battles and protect your property rights.
What Is a Life Estate?
A life estate is an interest that can arise in ownership and co-ownership of property in which an individual, known as the life tenant, has the right to use and occupy a property for the duration of their lifetime. Upon their passing, ownership of the property automatically transfers to the remainderman, who holds the future interest.
Life estates are often arise in estate planning, inheritance co-ownership disputes, and property transfers among family members, but the law requires that such agreements be properly documented.
California Law Requires Life Estates to Be in Writing
Under California’s Statute of Frauds (California Civil Code § 1624) any agreement that creates or transfers an interest in real property—including a life estate—must be in writing to be legally valid. Courts have repeatedly upheld this rule to prevent fraudulent claims and misunderstandings.
As relevant to this topic, Code of Civil Procedure § 1971 states that: “No estate or interest in real property, other than for leases for a term not exceeding one year, nor any power over or concerning it, or in any manner relating thereto, can be created, granted, assigned, surrendered, or declared, otherwise than by operation of law, or a conveyance or other instrument in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by the party’s lawful agent thereunto authorized by writing.” See Civ. Code § 1624(a)(3).
Moreover, Civil Code § 1091 provides that: “An estate in real property, other than an estate at will or for a term not exceeding one year, can be transferred only by operation of law, or by an instrument in writing, subscribed by the party disposing of the same, or by his agent thereunto authorized by writing.”
Key Legal Authority:
Miller & Starr, as the leading treatise on California real estate, makes clear that: “Life estate. An agreement to create or transfer a life estate must be in writing.” [1]Agreements required to be in writing—Contract for the sale, gift, or financing of real property, 1 Cal. Real Est. (Miller & Starr, 4th ed.) § 1:74.
Miller & Starr cites to Lewis v. Brown (1913) 22 Cal. App. 38, 42–43, which rejected a claim of a life estate not found in writing, finding that “oral testimony cannot be considered as against the written terms of a deed for the purpose of limiting or qualifying the estate thereby granted or created.”
This means that any claim of an oral life estate is legally invalid, and the alleged life tenant has no enforceable rights to remain on the property.
Why Oral Life Estates Lead to Legal Disputes
Despite clear legal requirements, disputes often arise when a person claims they were verbally promised a life estate in exchange for financial contributions, caregiving, or other personal agreements. Without a written document, courts will generally reject these claims, leading to eviction or forced sale of the property.
Common scenarios where oral life estate claims fail include:
- A family member claims they were promised a life estate in exchange for caring for an elderly relative
- A co-owner argues they were granted lifetime use of the property without a written agreement
- A verbal promise was made, but the rightful owner later changes their mind
Without a written agreement, these claims are legally unenforceable, and the rightful property owners can seek a partition action to force a sale.
How Talkov Law Can Help
If you are involved in a dispute over a life estate or real estate ownership, Talkov Law can provide the legal expertise needed to protect your property rights and enforce California law. With nine, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 450 partition actions throughout the state.
Contact Talkov Law Partition Attorneys today at (844) 4-TALKOV (825568). Our experienced partition attorneys are here to help you begin the process.
References
| ↑1 | Agreements required to be in writing—Contract for the sale, gift, or financing of real property, 1 Cal. Real Est. (Miller & Starr, 4th ed.) § 1:74. |
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