The Short Answer

In Florida, a “lifetime” right affecting real property is often difficult to undo unless the holder agrees to release it or a court finds a legal basis to terminate or limit it. If the financial burden is tied to a life-estate-type arrangement created through an estate or homestead situation, Florida law may also allocate expenses between the life tenant and the remaindermen, which can reduce (but not necessarily eliminate) the burden.

What Florida Law Says

There are two common legal tracks when someone says they have “lifetime rights” on property: (1) it is truly an easement (a right to use someone else’s land for a stated purpose), or (2) it functions more like a life estate (a present ownership right for life, with others holding the remainder). The correct label matters because the legal options and leverage points are different.

When the issue arises after an inheritance or property division, the analysis often turns on (a) what the recorded deed/easement actually says, and (b) who must pay which ongoing costs (taxes, insurance, repairs, principal debt, extraordinary repairs). In many probate-related property disputes, the “unexpected financial burden” is really an expense-allocation problem between the person with lifetime use and the people who ultimately inherit the property.

The Statute

The primary law that often governs the financial burden side of a lifetime-rights arrangement is Fla. Stat. § 738.508.

This statute establishes that, when there is a life tenant and remaindermen (and no controlling trust/instrument provision), ordinary expenses like regularly recurring property taxes, ordinary repairs, and recurring insurance premiums are generally allocated to the life tenant, while certain other items (like principal on secured debt and extraordinary repairs) are generally allocated to the remaindermen—subject to the instrument creating the interests and any agreement of the parties.

If the “lifetime rights” are tied to Florida homestead descent (a frequent probate trigger), Florida also addresses the spouse’s life estate and related expense allocation in Fla. Stat. § 732.401, which expressly points expense allocation to chapter 738 unless an election changes the ownership structure.

Finally, if the dispute is really about co-owners being stuck together after a division, Florida partition law may come into play, including court-allocated costs and fees in a partition case under Fla. Stat. § 64.081.

Related reading: Can I Set Aside or Modify a Prior Partition Judgment in Florida? and Can a Life Estate Be Challenged in Court in Florida?.

Why You Should Speak with an Attorney

Even when the paperwork says “lifetime,” the real legal question is what interest was created (easement vs. life estate vs. a contractual occupancy right) and what the recorded instrument allows (termination conditions, maintenance obligations, cost-sharing, dispute resolution, and whether it runs with the land). Legal outcomes often depend on:

• Strict Deadlines: In probate-driven situations, timing can matter (for example, homestead elections have specific time limits), and missing a deadline can lock in an unfavorable structure. See Fla. Stat. § 732.401.
• Burden of Proof: If you are asking a court to limit or terminate a recorded lifetime right, you typically need strong evidence from the deed/easement language, the chain of title, and the parties’ conduct—often requiring title review and careful factual development.
• Exceptions & Document Control: Florida’s expense-allocation rules can be overridden by the instrument creating the interests or by agreement of the parties. See Fla. Stat. § 738.508(3). A lawyer’s review can identify whether the document shifts taxes/insurance/repairs in a way that changes your options.

Trying to “fix” this without counsel can backfire—especially if you sign a release, modification, or deed that unintentionally waives rights, triggers tax/insurance problems, or creates a title defect that later blocks refinancing or sale.

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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.