Detailed Answer

What a life tenancy (life estate) means in practice

A life tenancy (or life estate) gives a person the legal right to possess and use real property for the duration of that person’s life. When someone holds a life estate, a future interest (often called a remainder) belongs to another owner (a remainderman). Under Idaho property law the life tenant may occupy and use the property during the life of the tenant, subject to certain duties and limits. See Idaho property law overview: Idaho Code Title 55 (Property).

Rights of the life tenant (the co-owner living in the property)

• The life tenant has the right to possess and live on the property for the length of the life estate.
• The life tenant may collect ordinary rents or income generated by the property during the life tenancy, unless the instrument creating the life estate says otherwise.
• The life tenant must avoid committing “waste” — that is, actions that permanently damage, destroy, or substantially reduce the value of the property.
• The life tenant generally must pay ordinary maintenance and repairs, and usually must also pay property taxes and insurance premiums during the tenancy if income or possession make that reasonable.

Rights of the remainderman or other co-owner (you)

• You have a future ownership interest that becomes full ownership when the life tenant dies or the life estate ends.
• You can require the life tenant to avoid waste. If the life tenant threatens or commits waste, you can sue for injunctive relief or damages.
• You can demand an accounting for rents or profits that the life tenant improperly took from third parties beyond ordinary use of the property.
• You generally cannot force the life tenant out simply because you want possession while the life estate exists, unless the life estate has been terminated (by surrender, expiration, or court order proven by law). Forcible or self-help eviction is normally illegal and risky.

Common legal remedies available in Idaho

If you suspect the life tenant is misusing the property, committing waste, occupying beyond lawful right, or improperly diverting income, Idaho law provides civil remedies. Typical actions include:

• Action for injunctive relief to stop or prevent waste.
• Lawsuit for damages or an accounting of rents and profits.
• Partition actions when co-owners cannot agree about ownership or use; partition may result in a physical division or sale with proceeds split among owners.
• Civil actions for trespass or forcible entry/forcible detainer only when the life tenancy no longer exists or the occupant lacks legal claim to possession. Don’t attempt self-help eviction; instead use court procedures. See Idaho courts and civil process guidance: Idaho Supreme Court / Idaho Judicial Branch.

Some procedural rules and substantive property rules appear throughout Idaho Code; for property rules, see Idaho Code Title 55, and for civil procedure and remedies search the Idaho statutes at legislature.idaho.gov.

Practical examples (hypothetical)

Example A: The life tenant lives in the house, pays ordinary utilities, and maintains the lawn. That is typically permitted. You will wait until the life estate ends to obtain possession unless waste occurs.

Example B: The life tenant rents part of the house to a commercial tenant and pockets all rent without accounting, and the rental arrangement causes structural alterations that lower property value. You may be able to demand an accounting for rents and sue to stop or reverse waste.

Key limits on what you can do immediately

• You cannot forcibly remove a lawful life tenant while the life estate exists. Attempting self-help (changing locks, removing possessions, or cutting off utilities) risks criminal and civil liability.
• A remainderman cannot unilaterally terminate a properly created life estate except by agreement, abandonment, or a court order based on statutory or equitable grounds (e.g., fraud in creating the life estate or extreme waste).

When the life estate ends

The remainderman’s full rights vest when the life tenant dies or when the life estate is otherwise terminated by operation of law or agreement. At that point you can take possession, evict unauthorized occupants, or sell, subject to normal property transfer rules.

Helpful Hints

• Document everything: keep copies of the deed or instrument creating the life estate, any leases, receipts, and a record of communications about repairs, rent, or use.
• Learn the exact terms that created the life estate. The deed or will may limit the life tenant’s powers (for example, forbid leasing or major alterations).
• Avoid self-help. Never attempt to remove or lock out an occupant without a court order—you could face criminal charges or civil claims.
• Consider mediation or negotiation. A buyout, voluntary surrender, or settlement often resolves disputes faster and cheaper than litigation.
• If you suspect waste, hire a neutral inspector and preserve photographic evidence. That helps if you seek injunctions or damages in court.
• Track money flow: if the property produces income, record how much the life tenant receives and how it is used; you may be entitled to an accounting.
• Consult an Idaho real property attorney early to review your documents and options. A lawyer can explain whether a partition, accounting, or waste action fits your case and the likely process and costs.
• Search Idaho statutes and court forms online if you represent yourself: Idaho Statutes and Idaho Judicial Branch.