Detailed answer — What a life tenant can and cannot do under New Mexico principles

When a co-owner holds a life tenancy (a life estate) and occupies property in New Mexico, that co-owner (the life tenant) holds a present possessory interest for the duration of the life measured (usually the life tenant’s life). Another co-owner may hold a future or remainder interest. Your rights depend on which interest you hold and how the life estate was created (deed, will, or other legal instrument).

Key legal principles (plain language)

• Possession: A life tenant generally has the right to possess and use the property during the life estate. That often means exclusive occupancy is lawful while the life estate exists.
• Remainderman’s interest: A co‑owner who holds the remainder (future) interest does not have the right to force the life tenant to leave while the life estate continues, except in narrow circumstances (for example, if the life tenant has forfeited the estate by waste or other legal cause).
• Duty to avoid waste: The life tenant must not commit “waste.” Waste means actions or neglect that substantially reduce the value of the property (for example, demolishing a building, removing essential fixtures, or allowing the property to fall into ruin through neglect). The remainder holder can sue to stop waste or to recover damages for it.
• Rents and profits: The life tenant generally is entitled to ordinary rents and profits from using the property during the life estate. Conversely, if the life tenant wrongfully excludes co-owners who also have present possessory rights (different co-ownership structures vary), an accounting might be available. The exact rules depend on whether co-ownership is as tenants in common, joint tenants, or by separate life/remainder interests.
• Repairs, taxes and improvements: The life tenant typically must not let the property deteriorate; ordinary repairs and upkeep are the life tenant’s responsibility. Major repairs or improvements may be handled differently—some costs may fall on remainder holders in proportion to their interest, depending on facts and agreements.
• Partition and sale: A holder of a present possessory interest generally can seek partition of jointly owned property. A remainder holder can often seek a partition or judicial sale of the property in certain circumstances, but courts weigh the life tenant’s rights. If the court orders a sale, the buyer will usually take the property subject to the life estate, unless the court determines otherwise.
• Eviction and trespass: Because a life tenant has a legal right to possession, ordinary eviction or criminal trespass remedies against the life tenant are usually unavailable to a remainder holder unless the life estate has been terminated or the life tenant has lost possession by operation of law.

Typical remedies available to a remainder holder or co-owner who is excluded

• Seek an injunction or court order to stop or reverse waste.
• Obtain damages or an accounting for rents, profits, or injurious acts by the life tenant.
• File a partition action to divide or sell the property, subject to the life estate.
• Pay necessary taxes or costs to protect the title and seek contribution from the life tenant or reimbursement from the estate.

How these rules apply in practical scenarios

Below are common fact patterns and likely outcomes under general New Mexico property law principles:

• Fact pattern: A parent conveyed a life estate to themselves and left the remainder to their children. The parent lives on the property and refuses to allow the children regular access.
  
  Likely result: The parent (life tenant) retains the legal right to possess the property during life; the children (remaindermen) typically cannot force eviction. The children can sue to enjoin waste, obtain accounting for improper use, or seek partition or sale depending on circumstances.
• Fact pattern: A co-owner with a life estate intentionally strips valuable fixtures or allows the house to fall into disrepair.
  
  Likely result: The remainder holders can sue for waste, seek damages, or ask the court for equitable relief such as an injunction preventing further damage.
• Fact pattern: Two siblings jointly own property as tenants in common. One sibling has a life estate in the deed; the other is a remainderman who wants to sell now.
  
  Likely result: The remainderman can often seek partition; the court may order a sale and allocate proceeds according to interests. The buyer normally takes the property subject to the life estate unless the life estate is bought out or extinguished.

Where to look in New Mexico law

Life estates, waste, possession disputes, and partition actions are governed by a mix of New Mexico statutes and case law. For statutes and to locate the most relevant sections, use the New Mexico Legislature’s statute search:

New Mexico Legislature – Statutes and Session Laws

Because life estate questions commonly involve property, probate, and court procedure, a title search and review of the deed or will that created the life estate are essential first steps.

Helpful Hints — Practical steps if a co-owner with a life tenancy occupies the property

1. Confirm what your deed or court documents say. Get a certified copy of the deed, will, or instrument that created the life estate. That document defines rights and limits.
2. Do a title search. Confirm who holds a present interest (life tenant) and who holds future or remainder interests. A title company or attorney can help.
3. Document the condition and use of the property. Take dated photos and keep records of any removal of fixtures, major damage, or neglect. These records support claims of waste.
4. Check who pays taxes and insurance. Identify who has been paying property taxes, insurance, and major maintenance costs. That affects claims for contribution or reimbursement.
5. Try negotiation or mediation first. The life tenant and remaindermen often reach practical agreements (occupancy terms, buyout, rental, or maintenance sharing). Courts favor reasonable settlements.
6. Consider your remedies carefully. If negotiation fails, consider an action for waste, partition, or an accounting. Seek counsel before filing suit—each remedy has trade‑offs (cost, timing, and impact on occupancy).
7. Think about a buyout or sale. Purchasing the life estate or agreeing to sell the property and split proceeds can avoid litigation and preserve value.
8. Hire a New Mexico real property attorney. Property interests and remedies intersect deed law, probate, and equity; a local lawyer can advise based on the documents, title, and facts.

For legal texts and statutes, start at the New Mexico Legislature site: https://www.nmlegis.gov/