FAQ: What rights do I have when a co-owner is living in property under a life tenancy and occupying it?
Short answer
Under California law, a person who holds a life estate (a life tenant) generally has the right to possess and use the property during their lifetime. A co-owner who holds a future interest (a remainderperson) cannot evict the life tenant during the life tenant’s lifetime, but they do retain enforceable rights — most importantly the right to prevent “waste,” seek an accounting for profits or rents in some circumstances, and, in many situations, to force partition or seek a court-ordered buyout. If you are a co-owner, your exact remedies depend on how title is held (life estate vs. tenancy in common, deed language, will or trust terms) and the specific facts.
Detailed answer — how rights usually break down in California
1. Identify the interests: life tenant vs. remainderowner vs. co-tenant
First confirm what the deed, will, or trust actually created. Typical interests are:
- Life tenant: a person with a life estate — they have the right to possess and use the property for the duration of their life.
- Remainderman (remainderowner): a person with a future interest who becomes full owner when the life estate ends (usually at the life tenant’s death).
- Tenants in common or joint tenants: if multiple people hold present ownership interests (not a life estate), each co-owner has the right to possess the entire property.
2. Possession and exclusion
A life tenant generally has the right to exclusive possession during their life. A remainderowner cannot lawfully evict a life tenant simply because they hold the future interest. If the document creating the life estate expressly limits possession or grants some occupancy rights to others, those terms control.
3. Duties and limits on the life tenant — the rule against waste
The life tenant must not commit “waste.” Waste means actions that damage, destroy, permanently alter, or unreasonably deplete the property in a way that harms the future interest holder. Examples:
- Allowing deliberate destruction or removal of structural features or valuable fixtures.
- Permitting neglect that leads to major deterioration (beyond normal wear and tear).
- Making major, permanent changes to the property that significantly reduce its value without the remainderowner’s consent.
If the life tenant commits waste, the remainderowner may sue for injunctions, damages, or a remedy ordered by the court.
4. Money obligations — taxes, insurance, repairs
California courts and common practice generally treat obligation allocation as follows (but check the deed or instrument creating the interests):
- Life tenant: normally responsible for ordinary maintenance, repairs, and routine property taxes assessed against the life tenant’s interest; they must not deliberately let the property go to ruin.
- Remainderman: may be responsible for major capital expenditures required to preserve the estate’s value if the life tenant cannot or will not pay, but they can seek contribution or an accounting from the life tenant. The specifics often depend on the instrument and equitable principles.
5. Rent, profits, and exclusive use
If the life tenant occupies and uses the property, the life tenant generally keeps ordinary rents and profits from personal use. However, if the life tenant wrongfully excludes a co-owner who otherwise had a right to possession (for example, a co-tenant who holds a present undivided interest), the excluded co-owner may seek an accounting and recover their share of rent or reasonable value of occupancy. The outcome depends on the nature of the title (present vs. future interest).
6. Partition and sale: can a remainderowner force sale now?
A person with a present ownership interest may usually file a partition action under the California Code of Civil Procedure to force division or sale of the property. The partition statute recognizes a wide right to seek partition of real property. See Code of Civil Procedure § 872.010 for who may bring partition actions and the general partition process: CCP § 872.010.
Important practical points in life-estate situations:
- A court may consider the life tenant’s occupancy rights when ordering partition or sale. The life tenant’s right to possession for life usually survives a partition petition by remainderowners; the court may award a sale with terms that protect the life tenant’s occupancy (for example, a sale subject to the life estate or a buyout of interests).
- Often the equitable solution is a buyout: the court or parties can compute present values and provide compensation to the remainderowner while preserving the life tenant’s right to occupy, or vice versa.
7. Immediate remedies if you’re being wrongfully excluded or the property is being harmed
- If a co-owner (including a life tenant) wrongfully excludes you from possession, you may seek a court order for possession or an accounting for rental value if you hold a present possessory interest.
- If the life tenant is committing waste or stripping fixtures, you can seek injunctive relief and damages from a court.
- If the life tenant is damaging the property in ways that threaten the remainderowner’s future interest, preserve evidence (photos, receipts, notices) and consult an attorney promptly.
Practical steps to protect your rights
- Confirm ownership: obtain a copy of the deed, trust, or will that created the life estate. Look for express terms about occupancy, repairs, and taxes.
- Title search and appraisal: get a title report and consider a property appraisal to measure value and potential buyout figures.
- Document problems: photograph damage, keep records of communications, collect receipts for repairs and taxes you pay.
- Attempt mediation or negotiation: often parties agree to a buyout or cost-sharing arrangement without court litigation.
- If immediate harm occurs, consult an attorney about seeking injunctions or emergency relief to stop waste or unlawful eviction.
- Consider a partition action or a negotiated sale if a cooperative solution is not possible.
When to get legal help
You should consult an experienced real estate or probate attorney if:
- The parties disagree about who has the right to possession.
- There is substantial damage or removal of fixtures from the property.
- You need to pursue or defend a partition action, or seek an injunction for waste.
- The deed, trust, or will is unclear or disputes exist about interpretation.
An attorney can analyze the deed language, compute fair buyout values, and file the correct actions (partition, injunction, accounting, or damages).
Relevant California statute
Partition actions are governed by the California Code of Civil Procedure. See the statute that authorizes partition suits: Code of Civil Procedure § 872.010.
Helpful hints
- Start by reading the deed, trust, or will carefully — words like “for life,” “remainder,” or “to X for life, then to Y” are key.
- Keep communications in writing and preserve copies of all correspondence and photos of the property condition.
- If you are the life tenant, avoid making permanent, value-reducing changes without the remainderowner’s consent.
- If you suspect waste, act quickly: courts are more willing to order injunctive relief to stop ongoing damage than to undo permanent destruction.
- Consider a neutral appraisal and mediation before filing suit — those paths often reduce cost and time.
- Consult a local California attorney with experience in real property, probate, or trust litigation to understand precise rights and likely remedies in your county.