Q: Can mom sell a house with lifetime lease despite sister's objections?

A: A lifelong tenant can only assign the lease, not sell the property. Hire a CT attorney to search the title and determine the exact estates involved as titled owners. Who is the landlord? Who can sue for detainer? It appears that you misunderstand the title of the real property. If she has a life estate then she can sell/transfer her interest for life, but it is not a leasehold.

A: In Connecticut, a lifetime lease means your mother retains the right to live in the property for the rest of her life, regardless of who owns it. Because she also holds 60% ownership, she has significant control over the property, but selling it becomes complicated since you and your sister are remainder holders with future interests. Typically, all parties with ownership interests must agree to the sale for the transfer to be valid.

Your sister’s objection, based on capital gains concerns, does not automatically block the sale, but it can create a legal obstacle since her remainder interest is tied to the property. If she refuses to cooperate, one option is to seek a partition action in court, which allows a judge to determine whether the property should be sold and how the proceeds should be divided. This is a formal process, but it can override disagreements when co-owners cannot reach a resolution.

For now, you and your mother may want to review the deed and the terms set up by the elder law attorney to see exactly how ownership and rights were divided. Understanding the details of how the remainder interests are worded is key to knowing whether your sister’s consent is legally required. While it may be difficult to move forward without her agreement, there are legal avenues available if her refusal continues to block the sale.