Detailed Answer
This section explains, in plain language, what rights you typically have in Hawaii when another co-owner occupies the property as the life tenant (holds a life estate). This is general information only — it is not legal advice.
What a life tenancy (life estate) usually means
A life tenant has the right to possess and use the property for the duration of that person’s life. The life tenant’s right of possession is usually exclusive: remainder holders (co-owners who hold the future interest) cannot demand possession while the life tenant lives, unless the life estate agreement or court orders otherwise.
Key rights the remainderman or co-owner typically has in Hawaii
- Right to prevent or remedy waste: The life tenant must not commit “waste.” Waste is conduct that damages or substantially reduces the value of the property (voluntary or permissive waste), or major changes that alter the character of the land (ameliorative waste). If waste occurs, a remainder holder can go to court to stop it and seek damages.
- Right to seek an injunction: If the life tenant is causing imminent or ongoing damage, a remainder owner may seek an injunction from the court ordering the life tenant to stop the damaging conduct or to make repairs.
- Right to accounting and rents in certain situations: If the life tenant rents the property to others or receives income from it, the remainder holder may be entitled to an accounting or to a share of income, depending on the terms of the life estate and whether the life tenant has breached duties.
- Right to protect the property and force reasonable maintenance: Remainder holders can usually require that the life tenant perform ordinary maintenance and pay property taxes or utilities when the life estate instrument or local law so provides; if the life tenant fails to maintain the property the remainder holder may seek court relief.
- Right to bring a partition-type claim or other equitable relief: In many situations a remainder owner can ask the court for equitable relief — including partition or sale of the entire property — but how and when that relief is granted depends on the life estate terms and local law. A court will weigh the life tenant’s right to occupy the property against the remainder owner’s right to protect its interest.
What a life tenant can and cannot do
- Can occupy, use, and enjoy the property during life.
- Can generally make ordinary repairs and reasonable improvements that do not permanently injure the future interest.
- Cannot intentionally damage, remove valuable fixtures, or allow major deterioration of the property (committing waste).
- Cannot typically convey a greater interest than the life estate (they can transfer the life estate itself, but the transferee’s rights end with the life tenant’s death).
Practical steps a remainder co-owner can take in Hawaii
- Locate and review the deed or instrument creating the life estate to confirm the exact rights and any conditions or limitations.
- Document any harmful activity or neglect: take photos, keep records of communications, and obtain independent estimates of damage or required repairs.
- Send a polite written notice to the life tenant describing the issue and asking for voluntary repairs or compliance with the life estate terms.
- If the life tenant refuses, consult a Hawaii attorney about filing for injunctive relief or a claim for waste/damages. An attorney can also advise whether a partition or sale action is feasible in your case.
- Consider mediation or negotiation — courts often favor practical settlement that preserves property value while respecting the life tenant’s possession rights.
Hawaii statutes and resources
State statutes and local court rules affect remedies and procedures. For primary statutory materials and to look up terms such as “life estate,” “waste,” or “partition,” consult the Hawaii Revised Statutes online at the Hawaii State Legislature site: https://www.capitol.hawaii.gov/hrscurrent/. For court forms, self-help resources, and procedural guidance from the Hawaii Judiciary, see the Hawaii State Judiciary website: https://www.courts.state.hi.us/.
Hypothetical examples
Example 1 — Neglect: A life tenant lives in the house and fails to repair a leaking roof. Repeated leaks cause rot that will lower the property’s value permanently. The remainder holder can document the neglect and ask the court to order repairs or award damages for waste.
Example 2 — Rental income: A life tenant leases the property and pockets the rent. Depending on the life estate terms, the remainder owner may demand an accounting or seek a court ruling on whether some income belongs to the remainder holder.
Example 3 — Major change: The life tenant demolishes a historically significant structure to build something else. The remainder owner can seek injunctive relief and damages as appropriate to prevent or remedy ameliorative waste.
When to speak with an attorney
Because state law and the specific life estate instrument determine remedies, speak with a Hawaii attorney if:
- The life tenant threatens or causes significant damage;
- You need to know whether you can force a sale or partition while the life tenant lives there;
- You want to demand accounting for rents or profits; or
- You want to understand tax or maintenance obligations tied to the life estate.
Disclaimer: This article explains general legal principles and common remedies under Hawaii property law. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Hawaii attorney.
Helpful Hints
- Find the deed and any documents creating the life estate — they usually answer the most important questions.
- Keep dated photos, repair estimates, and written communications — these help prove neglect or waste.
- Don’t try to forcibly remove a life tenant — use legal process; self-help evictions can create liability.
- Ask whether the life estate spells out who pays property taxes, insurance, or major repairs — that allocation matters.
- Consider mediation before litigation to preserve value and relationships where possible.
- Use the Hawaii Revised Statutes search and the Hawaii Judiciary self-help pages for background research: https://www.capitol.hawaii.gov/hrscurrent/ and https://www.courts.state.hi.us/.