Quick answer

If a co-owner holds a life tenancy (a “life estate”) and is occupying the property, that life tenant generally has the right to possess and use the property for the duration of the life estate. Other co-owners (remaindermen or reversioners) hold a future interest and cannot force the life tenant off the property while the life estate is valid. However, co-owners do have remedies: they can sue to prevent or remedy “waste,” seek contribution for taxes or necessary expenses under certain circumstances, negotiate a buyout, or bring an action for partition or accounting. Which option is best depends on how the life estate was created, what the deed or will says, and the facts on the ground.

Detailed answer — how Colorado law treats life estates and co-owner rights

What is a life estate?

A life estate (life tenancy) gives one person (the life tenant) the right to possess and use real property for the duration of that person’s life (or someone else’s life if the life estate is measured by a third party’s life). The person who will receive ownership when the life estate ends is called a remainderman (or the grantor may retain a reversion).

Possession and use

Under basic property principles recognized in Colorado, a life tenant has the right to exclusive possession and enjoyment of the property during the life estate. That means the life tenant typically may live in the property and exclude the remainderman(s) from possession while the life estate continues.

Limitations on the life tenant — no waste

A life tenant must avoid committing “waste.” Waste generally means actions that unreasonably impair the value of the property for the future owner. Colorado courts will evaluate whether the life tenant’s conduct (e.g., removing valuable fixtures, destructive neglect, or major permanent alterations) reduces the remaindermen’s future interest. If waste occurs, remaindermen can sue for damages, injunction, or both. The life tenant may be responsible for repairing or paying for loss caused by waste.

Who pays property taxes, insurance, and maintenance?

Allocation of taxes, insurance, routine maintenance, and major repairs can depend on the deed/will creating the life estate, any written agreements among owners, and equitable principles. Generally:

The life tenant often pays ordinary operating expenses and routine maintenance (because the life tenant enjoys the property).
Remaindermen may be responsible for extraordinary repairs or capital improvements in some circumstances, or the parties can agree who pays what.
If taxes or mortgages are unpaid and the life tenant’s actions cause loss to the remainder interest, the remainder owner may have remedies in court.

Rent and income from the property

If the life tenant occupies the property personally, the life tenant is generally entitled to the use and any income the life tenant earns from the property during the life estate. If the life tenant leases the property to a third party, the life tenant usually keeps the rental income for the life estate period subject to obligations to preserve the property. Remaindermen cannot force the life tenant to pay rent while the life tenant is in lawful possession.

What can a co-owner who holds the future interest do?

Remaindermen or other co-owners who do not have present possession have several potential remedies or options:

Negotiate a buyout or settlement. The parties can agree to pay the life tenant for surrendering possession or to restructure ownership.
Seek an injunction or damages for waste if the life tenant is damaging the property.
Contribute to necessary expenses or pay to preserve value, and then seek reimbursement or an accounting in court (depending on facts and any agreement).
File a partition action in court to divide or sell the property if there are co-tenancies that permit partition. (Whether a partition is available and effective depends on the form of ownership and the language creating the life estate.)
In eviction-like disputes, understand that forcible eviction statutes are usually focused on landlord-tenant and possessory disputes and may not allow a remainderman to remove a valid life tenant. Trying to self-help (changing locks, removing the life tenant’s possessions) risks civil liability and criminal charges.

Partition actions and Colorado law

A co-owner who holds a present possessory interest or certain co-ownership interests may seek a partition (a court-ordered division or sale). Partition is an equitable remedy and depends on the exact nature of the ownership interests and whether the life estate prevents partition in kind. Partition statutes and procedures in Colorado govern process, but the availability of partition when a life tenant is involved can be complicated. If the life estate was created intentionally and grants exclusive possession to the life tenant, courts will consider that interest when resolving partition or sale issues. For Colorado statutes and more on civil actions and remedies, consult the Colorado Revised Statutes (search relevant parts under Titles on property and civil procedure): https://leg.colorado.gov/colorado-revised-statutes

Practical steps and evidence you should gather

Before acting, gather the documents and information a lawyer will need:

Deed, trust documents, or will language that created the life estate (check the county recorder’s office).
Title report or county assessor records showing ownership and mortgages.
Any written agreements among owners about maintenance, payments, or use.
Records of expenses, tax payments, insurance, and repairs.
Photographs or records documenting alleged waste or neglect.

When to call an attorney

Because life estates involve complex property and equity rules, talk with a Colorado attorney if you face any of these situations:

The life tenant is causing damage or committing waste.
You want to buy out the life tenant or negotiate possession.
You are considering a partition action or court remedy to sell the property.
There are unpaid taxes, mortgages, or obligations that threaten the property.

Helpful Hints

Identify the document that created the life estate — its wording controls. Check the deed or will recorded at the county recorder.
Do not try to forcibly remove a life tenant. Self-help evictions are dangerous and unlawful.
Document any suspected waste with photos, receipts, and dates; keep communications in writing.
Consider mediation or a negotiated buyout before filing expensive litigation.
Ask the life tenant for proof they are paying property taxes and insurance; if they are not, you may have to act to protect your remainder interest.
If you are a life tenant, keep the property in reasonable repair and avoid altering it in ways that permanently reduce value.
Talk to a Colorado real property attorney early — remedies and outcomes depend heavily on the deed language and facts.

Key Colorado law references

Colorado law treats life estates as recognized property interests and provides civil remedies in equity for disputes about possession, waste, partition, and enforcement. To review the Colorado Revised Statutes, use the official state statutes portal: https://leg.colorado.gov/colorado-revised-statutes. For court practice on forcible entry and detainer or civil actions, search the statutes and local court rules on the same site.

Disclaimer

This article explains general legal principles and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation under Colorado law, consult a licensed Colorado attorney.