Detailed Answer

Short answer: In Iowa, having a life estate generally means you have the right to possess and use the property for the length of the life estate. That possession right does not automatically vanish when a co-owner files a partition action. However, a partition action can change how the property is divided or sold, and the court can issue orders that affect who lives in the house while the case is pending.

How this usually works in practice:

• Possessory right of a life tenant. A life tenant’s primary right is possession and use of the property for the duration of the life estate. That right continues unless the court orders otherwise. The life tenant must still pay property taxes, ordinary maintenance, and avoid waste (damaging or devaluing the property).
• When co-owners file for partition. Any co-owner with an interest in the property can file a partition action asking the court to physically divide the property (partition in kind) or, if division is impracticable, to order a sale and divide proceeds. Filing a partition action does not by itself evict a life tenant.
• Court authority during the action. The court presiding over a partition can enter temporary or interlocutory orders about possession, use, and occupancy during the lawsuit. For example, the court can:
• Allow the life tenant to remain in possession until the life estate ends.
• Permit continued occupancy on terms (paying rent to the court or to other owners, maintaining the property, paying taxes or insurance).
• Order turnover of possession in limited circumstances (e.g., if the life tenant is committing waste or the court finds an urgent reason to change occupancy).
• Partition by sale and proceeds. If the court orders the property sold, the life estate does not necessarily disappear: the court will determine how sale proceeds should be allocated between a life tenant and the remainderman(s). Courts often use valuations or actuarial factors to reflect the life estate’s value versus the remainder interest. The life tenant may be allowed to remain in the home until the sale closes or receive a buyout instead of remaining in possession.
• Practical limits. Even though possession is a core life-tenant right, practical outcomes depend on the court’s orders, agreement among owners, or a settlement. Courts balance fairness, the character of the property, the feasibility of dividing it, and whether one party will suffer undue harm if required to move.

Relevant places to look for Iowa law and court rules:

• Iowa Legislature – Iowa Code: use the official code site to search for statutes related to partition, trusts, estates, and property. (https://www.legis.iowa.gov/)
• Iowa Judicial Branch – procedural information and local court rules that may affect how a partition case proceeds. (https://www.iowacourts.gov/)

Because whether you can stay in the house during a partition action depends on the facts and the court’s orders, you should be prepared to explain the life-estate instrument, any mortgages, tax records, and communications among owners to the court or an attorney.

Bottom line: A life tenant usually retains the right to possess the house during their life estate, but a partition action gives the court tools to modify possession or require a sale. The court may allow continued occupancy, require rent or escrow of funds, or order other equitable terms. Outcomes turn on the specific facts, applicable law, and court discretion.

Helpful Hints

• Collect documentation: deed, life-estate language, mortgage statements, tax bills, insurance, and any written agreements with co-owners.
• Understand your obligations: a life tenant typically must pay property taxes and routine maintenance and must not commit waste.
• Respond to court papers: if a partition lawsuit is filed, do not ignore summons or notices—participating protects your rights.
• Ask for a temporary possession order: if you need to remain in the home during the case, request the court to enter terms (for example, allowing occupancy in exchange for payment of taxes, insurance, or rent to a registry or co-owner).
• Consider mediation or settlement: co-owners sometimes negotiate a buyout, refinancing, or timed sale that lets a life tenant stay until a fixed date.
• Get an appraisal: fair value information helps the court allocate sale proceeds between life estate and remainder interests if a sale is ordered.
• Talk to a lawyer early: a lawyer can explain specific Iowa practice, file protective motions, and work to preserve your right to occupy or negotiate a buyout.