Detailed Answer
Basic legal picture
When one co-owner holds a life tenancy (a life estate) and is living in the property, that person normally has the legal right to possess and use the property for the length of the life estate (usually for that person’s life). Other co-owners who hold the future interest (remaindermen) own the property after the life estate ends. Under Nevada law, these different interests are recognized and enforced by the courts, and each party has specific rights and duties.
What the life tenant can do
- Possess and occupy the property exclusively for the duration of the life estate.
- Receive rents and income from the property while occupying it (unless the deed or agreement says otherwise).
- Make ordinary repairs and use the property in a normal way.
What the life tenant must not do (waste)
The life tenant must not commit “waste.” Waste generally means actions that substantially harm or permanently reduce the property’s value for the future owner—examples include demolishing valuable structures, removing fixtures, or making major permanent alterations that injure the remainder interest. If waste occurs, the remainderman can seek court relief (injunction, damages, or both).
What the remainderman (other co-owners) can do
- Require the life tenant to avoid waste and to maintain the property in ordinary condition.
- Seek an accounting for rents and profits if the life tenant rents the property or takes income that should be shared.
- File a partition action to divide or sell the property and split the proceeds according to ownership shares. In Nevada, partition actions and other actions affecting title are governed by the statutes and handled by the courts; see NRS Chapter 40 for statutory procedures and remedies: NRS Chapter 40 (Actions Affecting Title).
How partition works with a life estate
If a remainderman files a partition action, the court has several options. The court can partition the land physically (partition in kind) if practical, or order a sale and divide the proceeds (partition by sale). Because a life tenant has a present possessory interest, the court will consider that interest when fashioning relief. Possible outcomes include:
- The court orders a sale now and divides the sale proceeds. The life tenant’s interest is typically valued as a life estate and the present worth of that life interest is accounted for in the division.
- The court allows the life tenant to remain in possession until the life estate ends but may order a sale or distribution of present-value interests (a buyout) if that is equitable.
- The court can set conditions—such as offsetting the life tenant’s share for rent or requiring repairs—depending on the facts.
For Nevada’s statutory framework on partition and related actions affecting title, see: NRS Chapter 40.
Money obligations and property expenses
The parties should check the deed or agreement for allocation of taxes, mortgage payments, insurance, and ordinary repairs. Generally:
- The life tenant is usually responsible for ordinary maintenance and day-to-day expenses while occupying the property.
- Major capital expenditures and mortgages may be shared according to ownership shares unless the deed says otherwise.
- Failure to pay mortgage or tax obligations can expose the property to liens or foreclosure; all owners should protect the property’s title.
When you cannot forcibly remove a life tenant
You generally cannot forcibly remove a life tenant without a court order. Even if you are a co-owner with a future interest, the life tenant’s right to possession is protected for the life estate’s duration. If the life tenant is committing waste, engaging in criminal activity, or otherwise breaching duties, the correct step is to seek court relief—injunction, damages, or a partition remedy—not self-help eviction.
Practical remedies to pursue
- Document the ownership and the instrument (deed, will, or trust) that created the life estate. This identifies legal interests and any express obligations.
- Ask for a written accounting of rents, profits, and expenses if the life tenant is generating income from the property.
- Send a demand letter (through counsel) to request compliance with maintenance obligations or to propose a negotiated buyout or sale.
- Consider mediation or settlement to avoid expensive litigation.
- If negotiation fails, consult an attorney and consider filing a partition action or a suit for waste or an injunction.
Key Nevada statutes and resources
Relevant Nevada statutory materials and court rules that often apply include:
- Actions affecting title and partition procedures: NRS Chapter 40.
- General provisions on conveyances and other property topics: NRS Chapter 111 (Conveyances).
- Nevada court websites and local rules for filing civil actions: Nevada Judiciary (nvcourts.gov).
Bottom line: A life tenant who occupies the property generally has the legal right to possession for the duration of the life estate. Other co-owners have remedies—especially partition and actions to prevent or remedy waste—but must use court procedures rather than self-help. The precise result depends on the deed, the parties’ actions, and the court’s equitable discretion.
This is not legal advice. Consult a Nevada real estate or probate attorney to evaluate the deed, the life estate’s terms, and your best options.
Helpful Hints
- Find and copy the deed, trust, or will that created the life estate. The exact language controls the rights and duties.
- Get a title report to verify who holds present and future interests.
- Document any damage, alterations, or use of rental income—photos, receipts, and records help if you sue for waste or accounting.
- Obtain a current appraisal and, if needed, a valuation of the life estate interest (an appraiser or actuary can assist).
- Open a calm, documented dialogue with the life tenant about maintenance, expenses, and possible buyout or sale.
- Use mediation to try to reach a settlement before going to court; it often saves time and money.
- Consult a Nevada attorney early. Partition and property-rights cases can be procedurally complex and fact-sensitive.
- If the property faces foreclosure or unpaid taxes, act quickly—those issues can extinguish future interests.