The Short Answer

Generally, a Florida life tenant can transfer (sell) or mortgage only her life estate interest—not the full property—unless the deed, will, or trust creating the life estate gives her broader powers or the remaindermen also sign. If she tries to sell or encumber the entire property without you (the remainderman), the buyer or lender typically takes subject to your remainder interest.

What Florida Law Says

In a life estate, ownership is split: the life tenant has the right to possess and use the property during life, and the remainderman owns what comes next (the remainder) after the life estate ends. That split matters because a life tenant usually cannot unilaterally give a third party more rights than she actually owns.

Florida statutes also recognize the tenant/remainderman relationship and allocate responsibilities between them (for example, who pays ordinary expenses versus principal debt). Those rules reflect that the life tenant’s interest is limited and that the remainderman has a protected future interest.

The Statute

The primary law governing this issue is Fla. Stat. § 738.508.

This statute defines “tenant” (including a life tenant) and “remainderman” and sets default rules for allocating expenses and obligations between them—reinforcing that each party has distinct, legally recognized interests that can be impacted by attempted sales, mortgages, or other encumbrances.

Related reading: If you’re trying to understand what happens once the life estate ends, see Can a Remainder Beneficiary Sell a Property After a Life Estate Ends in Florida?. If your concern is property condition and upkeep, see What Are a Life Tenant’s Repair and Maintenance Obligations in Florida?.

Why You Should Speak with an Attorney

While the general rule is that a life tenant can’t dispose of the remainderman’s interest without consent, real-world outcomes often turn on the exact document that created the life estate and how the transaction is structured. Legal outcomes often depend on:

• Strict Deadlines: If an improper deed, mortgage, or other lien is recorded, waiting too long to challenge it can make the dispute harder and more expensive (and can complicate a later sale or refinance).
• Burden of Proof: You may need clear documentation (the deed/will/trust language, closing documents, lender title work, and property records) to show what the life tenant could—and could not—legally convey.
• Exceptions: The creating instrument may grant a power to sell, a trustee may be involved, or the property may have other overlays (like homestead or guardianship issues) that change the analysis.

Trying to handle this alone can lead to title problems, missed leverage in negotiations, or litigation that could have been avoided with early legal intervention.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.