Understanding Your Rights When a Co-Owner Has a Life Tenancy and Lives in the Property

Quick answer: In New York, a co-owner who holds a life tenancy (a life estate) generally has the right to possess and use the property for the duration of the life estate. Other co-owners who hold the remainder interest (remaindermen) cannot forcibly evict the life tenant simply because they want possession now. However, remaindermen have remedies if the life tenant commits waste, fails to pay taxes or mortgage obligations, rents the property and profits unfairly, or otherwise misuses the estate. One common remedy is a partition action under New York law, which may force division or sale of the property.

What is a life tenancy (life estate)?

A life tenancy (or life estate) is an ownership interest that gives a person (the life tenant) the right to possess and use real property for the length of that person’s life (or another measured life). When the life estate ends, ownership passes to the remainderman(s) or reverts according to the instrument that created the life estate.

For background on New York law governing estates and future interests, see the New York Consolidated Laws, Estates, Powers & Trusts Law (EPTL): https://www.nysenate.gov/legislation/laws/EPT.

Possessory rights and duties of the life tenant

Right to possession: The life tenant has the right to occupy and use the property during the life estate. That is their primary right.
Obligations: The life tenant generally must avoid committing waste. Waste includes voluntary destruction or removal of valuable property, major alterations that damage the remainderman’s interest, or neglect that destroys value. The life tenant typically must pay ordinary taxes and assessments, and usually is responsible for ordinary upkeep and repairs (not necessarily major capital improvements), unless the deed or instrument creating the life estate says otherwise.
Rent and profits: If the life tenant rents the property to others, the rents and profits belong to the life tenant during the life estate, but remaindermen may be entitled to an accounting or equitable compensation in certain situations (for example, if the life tenant improperly uses the property to the detriment of the remainder interest).

Rights of the remainderman (or other co-owners)

No summary eviction of a lawful life tenant: A remainderman cannot simply evict a life tenant who lawfully occupies the property. The life estate grants present possessory rights.
Action for waste: If the life tenant commits waste (voluntary or permissive), the remainderman can sue for injunction, damages, or an accounting. Courts can order repairs, damages, or other relief to protect the remainder interest.
Partition or sale: A remainderman (or any concurrent owner with a possessory interest) can seek partition of the property under New York law. The court can divide the property “in kind” if practicable or order its sale and divide proceeds. Partition may be complicated when a life tenant occupies the property; the court will consider the life estate in fashioning relief. See New York’s partition statutes: https://www.nysenate.gov/legislation/laws/RPA (Real Property Actions and Proceedings Law).
Accounting and credits: If the remainderman pays taxes, mortgage interest, or performs necessary repairs to prevent waste, they may be able to obtain contribution or a credit against the life tenant’s interest in some circumstances. Courts can order equitable adjustments.

Practical remedies and typical court responses in New York

Common legal actions a remainderman can take include:

Sue for injunctive relief or damages for waste. Courts can stop destructive conduct and award damages for past harm.
File a partition action under New York law. Partition can force a physical division or sale. The court will consider the life tenancy when deciding whether to partition in kind or order sale and how to distribute proceeds. See New York partition law: RPAPL §901 and related provisions in the Real Property Actions and Proceedings Law: https://www.nysenate.gov/legislation/laws/RPA.
Seek an accounting of rents and profits. If the life tenant rented the property or otherwise generated income from it in a way that damages the remainder interest, the remainderman may pursue an accounting or share of profits in equity court.
Request appointment of a receiver. In some cases the court may appoint a receiver to manage the property to preserve its value.

What you should do first (step-by-step)

Confirm the title and documents: Get a copy of the deed, will, trust, or instrument that created the life estate. Identify who is the life tenant, who holds the remainder, and any express duties or limitations in the text.
Document the facts: Keep records and photos of condition, repairs needed, any rents collected, and communications with the life tenant.
Communicate and try to negotiate: Discuss reasonable use, maintenance, cost-sharing, or buyout options. Mediation can often avoid costly litigation.
Consult a New York attorney experienced in real property and estates: Laws and remedies turn on the wording of the documents and the facts (waste, taxes, mortgages, rental income). A lawyer can evaluate whether a partition, waste claim, accounting, or negotiated settlement best fits your goals.

Examples of typical outcomes (hypotheticals)

Example 1: A life tenant removes leaded windows and sells them, damaging the property. Remaindermen sue for voluntary waste and get an injunction and damages to restore the cost of repairs.

Example 2: A life tenant occupies the home for life, pays property taxes and ordinary repairs, but refuses to sell. The remainderman files for partition. The court may order sale and distribute proceeds among the life tenant (for the value of the life interest) and remaindermen (for remainder value) as equity and statutes direct.

Helpful hints

Always start by getting the deed or instrument that created the life estate; the specific language matters.
Document maintenance problems and communications in writing; courts favor a clear record.
If taxes or mortgage payments fall behind, act quickly; paying them yourself may preserve the property but seek to secure an equitable credit or lien.
Consider mediation or a negotiated buyout if you want immediate control — litigation can be slow and expensive.
Understand that partition might not give immediate vacant possession: courts consider the life estate when fashioning remedies.
Speak with a New York real property or estate attorney to review statutes, deed language, and case law that apply to your specific situation.

Statutory resources: For New York statutory guidance on estates and partition actions, see:

Estates, Powers & Trusts Law (EPTL) — general statutes on estates and interests: https://www.nysenate.gov/legislation/laws/EPT
Real Property Actions and Proceedings Law (RPAPL) — partition and related remedies: https://www.nysenate.gov/legislation/laws/RPA

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Laws change and outcomes depend on the specific facts and documents. Consult a licensed New York attorney before taking action.