Detailed Answer

Short answer: In Florida you usually keep the right to live in property while you hold a valid life estate, but a partition action by a co-owner can lead to a court-ordered sale or other remedies that affect possession. Whether you can remain in the home during the partition process depends on the type of interests involved, whether the property is homestead, any court orders, and the specific relief the other party requests.

Key concepts (plain language)

Life tenant: A person who holds a present, limited right to possess the property for the length of their life (created by deed, will, or other instrument).
Remainderman (or reversioner): A person who holds the future interest after the life tenant dies.
Partition: A court process (Florida Statutes Chapter 64) that divides property between co-owners or orders its sale and splits the proceeds. See Florida Statutes, Chapter 64: https://www.flsenate.gov/Laws/Statutes/Chapter/64.

How Florida courts typically treat life estates in partition cases

1) Partition actions apply most naturally to co-owners who hold concurrent, possessory interests (for example, tenants in common). A life estate and a remainderman are not concurrent possessory owners in the same sense: the life tenant has the present right to possession while the remainderman’s interest is future.

2) That difference matters. Courts are reluctant to force a life tenant out of possession during the life tenancy. A remainderman cannot usually use a partition action merely to strip a life tenant of their right to occupy for life.

3) Nevertheless, if a co-owner who shares possession (for example, other tenants in common) files a partition action, a court may order remedies that change how possession is handled. Common outcomes include:

Partition in kind: The court divides the property physically. This is rare when the estate is a single-family home and division would be impractical.
Sale and division: The court may order the property sold and the proceeds divided. In cases involving a life estate, the court typically allocates the sale proceeds between the life estate and the remainderman using recognized valuation methods (present value of the life estate vs. remainder).
Accounting or rents: Courts sometimes appoint a receiver or require accounting for rents, profits, or expenses while the case is pending.

4) Practically, that means you will often be allowed to continue living in the house during the lawsuit until the court issues a specific order (for example, a sale order or an order granting exclusive possession to someone else). But if the court orders a sale, the sale may ultimately require you to move (unless the parties agree otherwise, or the court provides occupancy terms in the distribution).

Special protections and common exceptions

Homestead status: Florida’s homestead protections can block or change partition outcomes. If the property qualifies as homestead, constitutional and statutory protections may prevent forced sale for some creditors and can affect partition. For general reference on the Florida Constitution and homestead topics see: https://www.flsenate.gov/Laws/Constitution.
Waste or misconduct: If a life tenant commits waste (damaging or depleting the property), the court can limit possession or award damages. A remainderman who proves waste has stronger grounds to seek remedies.
Agreements between owners: Parties can agree to buy out, sell, or create occupancy terms. Courts generally prefer settlement if the parties can fairly resolve possession and compensation.

What to expect procedurally

– A partition suit begins when a co-owner files in circuit court under Chapter 64. The court will notify owners and schedule hearings.

– Until the court orders otherwise, a properly titled life tenant keeps the normal right to possess. However, the court can issue interim orders (e.g., appoint a receiver, require maintenance, or set security) to protect the property value.

– If the court orders sale and division of proceeds, the life tenant’s share will normally reflect the present value of the life estate. The remainder owners receive the remainder interest’s value. The court may use actuarial tables or expert valuations to determine shares.

Practical steps you should take now

Locate the deed, will, trust, or instrument that created the life estate. These documents define your rights.
Confirm whether the property is claimed as homestead. Homestead status can change outcomes.
Get an appraisal or market estimate so you understand the property’s value.
Document repairs, maintenance, taxes, and improvements you perform. This record protects you if the court orders accounting.
Consider negotiation or mediation with the other owner(s) to avoid a contested court sale.
Consult a Florida attorney experienced in partition and real property—an attorney can explain likely outcomes, valuation methods, and defense strategies.

When to contact an attorney

If someone has filed a partition suit against you, if you received a notice from another owner, or if you fear losing your right to occupy the home, seek legal counsel promptly. Time-sensitive filings and responses can preserve your possession rights and help you negotiate better terms.

Helpful Hints

Keep your title and life-estate creation documents safe and accessible.
Do not remove fixtures or make drastic changes during a pending suit; that can be construed as waste.
Pay property taxes and maintain insurance; failure to do so weakens your position.
Ask the other owner for a written proposal (buyout, tenancy agreement, or sale terms) before litigation escalates.
Get a professional appraisal early—valuation disputes drive partition litigation costs.
Consider mediation to control timing and protect occupancy versus a court-ordered sale.

Disclaimer: This article explains general principles of Florida property and partition law and is for informational purposes only. It is not legal advice, does not create an attorney-client relationship, and may not reflect the most current law or the specific facts of your case. Consult a licensed Florida attorney to get advice tailored to your situation.