Understanding life-tenancy occupation and co-owner rights under New Jersey law

Quick disclaimer: This article is for general information only and is not legal advice. For help about a specific situation, consult a licensed New Jersey attorney.

Detailed answer

What a life tenancy (life estate) is

A life tenancy (or life estate) gives one person (the life tenant) a present right to possess and use real property for the duration of that person’s life. Someone else holds the future interest — often called the remainderman or reversioner — who is entitled to possession when the life tenant dies. In New Jersey the life estate is governed by ordinary property law principles and enforced by state courts; you can review New Jersey law and look up related statutes and resources at the New Jersey Legislature and New Jersey Courts sites: https://www.njleg.state.nj.us/ and https://www.njcourts.gov/.

Basic rights of a life tenant who is occupying the property

Right to possession and ordinary use: The life tenant may live on and use the property during the life tenancy. That right generally includes collecting rents and profits from the property while occupying it or from any lawful leasing.
Right to ordinary enjoyment: The life tenant may make ordinary repairs and use the property in a normal residential way consistent with preserving its value for the remainderman.

Duties and limits on the life tenant

The life tenant must not commit “waste” — conduct that unfairly destroys or diminishes the property’s long‑term value. Waste takes three common forms:

Voluntary waste: deliberate destruction or removal of valuable parts of the property (for example, ripping out structural elements or removing valuable fixtures for sale).
Permissive waste: failure to do routine upkeep so the property deteriorates (for example, ignoring roof repairs leading to major damage).
Ameliorative waste: alterations that change the character of the property, often increasing value but harming the remainderman’s expectations (for example, drastically converting a historic house without consent).

Practical examples of duties the life tenant often has (subject to specific agreement or court order):

Maintain the property and make ordinary repairs.
Pay property taxes and assessments that are a burden on the property (if the life tenant receives the benefits of possession, courts commonly require the life tenant to pay taxes and necessary upkeep).
Account for rental income if the property is leased — whether the life tenant must account to the remainderman depends on who collected the rents and whether the rents arose from the life tenant’s use; courts may require an accounting where income was wrongfully withheld.

Rights of the remainderman or other co-owners while the life tenant is occupying

No right to force immediate eviction solely because the life tenant is living on the property. The life tenant’s right to possession lasts for life unless he/she/they breach duties in a way that justifies court action.
Right to prevent or remedy waste. A remainderman or co-owner can sue in New Jersey courts to stop waste, recover damages, or obtain injunctive relief if the life tenant is damaging the property or failing to maintain it.
Right to an accounting. If the life tenant has collected rents or profits that should in fairness be shared (depending on the situation), the remainderman may seek an accounting through the courts.
Right to seek partition or sale in some co-ownership setups. If the property is co-owned in a way that permits partition, the co-owner may be able to ask the court to partition the property or sell it and divide proceeds — though partition remedies can be complicated when life estates and future interests are involved.

Common remedies and court actions in New Jersey

If you are a remainderman or co-owner and the life tenant is occupying the property in a harmful way, possible actions include:

Filing a suit to enjoin waste or to recover damages for past waste.
Asking the court for an accounting of rents, profits, and expenses.
Pursuing a partition action (where allowed) to divide or sell the property and allocate proceeds among interests. Partition cases are fact‑specific when life estates are present and may require valuation of both life and remainder interests.
Negotiating a written agreement (buyout, lease, sale, or maintenance plan) to avoid litigation.

Illustrative hypotheticals

Scenario A — A life tenant occupies and performs ordinary upkeep: If the life tenant lives in the house, pays routine maintenance and property taxes, and does not alter the property substantially, the remainderman generally has no basis to evict during the life estate but remains protected from waste.

Scenario B — A life tenant strips copper piping to sell it: That is likely voluntary waste. The remainderman can sue for damages and ask the court to stop the life tenant.

Scenario C — A life tenant refuses to repair a leaking roof and the house deteriorates: That may be permissive waste; the remainderman can seek injunctive relief or damages, and in some cases make repairs and seek reimbursement.

Practical steps to protect your rights in New Jersey

Collect documents: deed, will or instrument creating the life estate, tax bills, leases, maintenance records, and any communications about the property.
Try negotiation or mediation: a written agreement clarifying who pays taxes, who does repairs, and how rents/profits are handled can avoid court.
Send a formal demand letter: sometimes a lawyer’s letter pointing out waste or unpaid taxes prompts action.
If necessary, consult a New Jersey attorney about filing for injunctive relief, an accounting, damages for waste, or a partition action.
Get valuations and appraisals if you are considering partition or buyout; life and remainder interests require specific valuation methods.

Where to find New Jersey law and court help

Official New Jersey legislative information and statutes: https://www.njleg.state.nj.us/

New Jersey Courts information and self-help resources: https://www.njcourts.gov/

Because life estates and co-ownership disputes often rely on nuanced case law and equity principles (not only statutes), a licensed New Jersey attorney can advise on how courts in New Jersey have handled waste, accounting, and partition in cases like yours.

Helpful Hints

Keep records. If you are a remainderman, document the life tenant’s actions, repairs, and any income from the property.
Don’t attempt self-help eviction. Forcing someone out or changing locks can create criminal and civil liability. Use legal remedies instead.
Pay urgent bills as needed. If the life tenant is failing to pay property taxes or assessments and the property faces a tax sale, consider paying to protect the property and then seeking reimbursement, but get legal advice first.
Consider a negotiated buyout. Buying out the life estate or agreeing to a sale can be faster and cheaper than prolonged litigation.
Get professional valuations. When money or partition is involved, a real estate appraiser and a lawyer experienced in New Jersey real property are essential.

Final note: Property interests with life estates involve a mix of possession rights, fiduciary-like duties not to commit waste, and equitable remedies. The precise remedies and obligations depend on the deed, any written agreements, and the specific facts. For tailored advice, contact a New Jersey attorney with experience in real estate and probate/estate matters.