California Real Estate Practice Exam

Of the following statements concerning a life estate, which is NOT true?

1. All conveyances for life estates must be in writing to be enforceable.

2. It is a freehold estate.

3. Person holding a life estate does not have fee title.

4. It cannot extend beyond the life of the life tenant.

The correct answer is: All conveyances for life estates must be in writing to be enforceable.

The statement that all conveyances for life estates must be in writing to be enforceable is not accurate. While formal property transactions typically involve written documentation to ensure clear terms and compliance with legal standards, it is important to recognize that life estates can technically be created verbally in some jurisdictions, especially if the intent is clear and can be proven. However, for purposes of clarity, enforceability, and to avoid disputes, it is highly recommended that life estates be documented in writing. The other statements about life estates correctly describe essential characteristics of this type of ownership. A life estate is indeed classified as a freehold estate, which means it grants ownership for the duration of a person's life, but not beyond. The holder of a life estate, referred to as a life tenant, does not have fee simple title; instead, they possess a limited interest that terminates upon their death. Finally, a life estate inherently cannot extend beyond the life of the life tenant, as it is defined by the life of that individual. This reinforces the notion that a life estate is temporary and contingent upon one person's lifespan.