Short Answer

Yes — under Oklahoma law a person who holds a life estate generally keeps the right to possess and live on the property during the life estate. A co-owner can still file a partition action to divide or sell the property, but the court must respect the life tenant’s possessory rights and consider occupancy, rent, and other equitable adjustments when ordering partition or sale.

Detailed Answer — How Oklahoma law treats a life tenant during a partition action

Below is a plain-language explanation of how a life estate and a partition action interact in Oklahoma. This overview assumes no special facts (for example, no written agreement changing possession or no pending foreclosure). It explains typical outcomes you can expect and steps you should consider.

1. What is a life estate and what possession rights does it give?

A life estate gives a person (the life tenant) the right to possess, use, and enjoy the real property for the length of the life estate (often the life tenant’s life). The life tenant’s right to occupy the property is generally exclusive for the life of the estate, subject to limitations such as the duty not to commit waste (meaning the life tenant must not substantially damage or deplete the property).

2. What is a partition action?

A partition action is a lawsuit filed by one or more co-owners of property asking the court to divide the property (partition in kind) or to sell it and divide the proceeds (partition by sale) when co-owners cannot agree on use or ownership details. In Oklahoma, partition procedures are governed by the state’s civil procedure and property laws. For general statutory guidance on partition procedures, see the Oklahoma statutes for Title 12 (Civil Procedure): https://www.oklegislature.gov/.

3. Can a co-owner force a life tenant out of the home during a partition?

No — a properly created life estate carries the right of possession for the life tenant. A partition action does not automatically terminate the life tenant’s right to live in the property for the duration of the life estate. The court that handles partition will recognize the life tenant’s possessory right and will factor that interest into any division or sale. In practice that means the court can:

Order partition in kind (physically divide the land) if feasible, while leaving the life tenant’s occupancy intact for the life of the estate;
Order partition by sale if division in kind is impractical; when ordering sale, the court will decide whether the life tenant may remain in the property until sale and whether the life tenant must pay rent to other owners;
Make equitable adjustments or credits to account for the life tenant’s right of possession (for example, crediting the life tenant for occupancy or charging the life tenant for fair rental value where appropriate).

4. What happens if the court orders a sale?

If the court orders a sale, the life tenant’s estate typically continues to exist until the life tenant dies (or until some other event that ends the life estate). The court can set rules for who stays in the property until sale, whether the life tenant pays rent, and how sale proceeds are allocated among the life tenant and the remainder beneficiaries. A sale does not automatically extinguish the life tenant’s legal interest unless the parties agree or the court’s order and law provide otherwise.

5. Can the life tenant be required to pay rent to co-owners?

Yes. If the life tenant retains exclusive possession but the property is sold or other co-owners are deprived of possession or income, the court may require the life tenant to pay fair rental value to compensate co-owners for their loss of use or income. The court balances the life tenant’s right of occupancy against the other owners’ rights to value from the property.

6. Does the life tenant have to do repairs or pay property expenses?

Generally, the life tenant must not commit waste and must keep the property in ordinary repair. Major obligations such as mortgage payments, major taxes, or extraordinary repairs may fall to remainder interest holders depending on the deed, agreements among owners, or a court order. In a partition action, the court can allocate these obligations equitably.

7. Practical outcomes you can expect

If physical division is possible, the court may partition the land and let the life tenant remain on the portion allocated to the life estate.
If division in kind is impractical, the court may order sale. The life tenant often can remain until sale but may have to pay rent or have adjustments to the sale proceeds.
If the life tenant has caused waste or otherwise misused the property, the court can limit occupancy rights and award damages to co-owners.

8. What steps should a life tenant take when you learn a partition action is pending?

Respond to the lawsuit on time. Missing deadlines can cause you to lose procedural protections.
File a clear statement of your life estate interest (attach supporting documents such as the deed or will creating the life estate).
Ask the court for an order protecting your right to possession during the life estate and for any relief related to rent, repairs, or credits.
Collect documentation: deeds, wills, mortgage records, tax bills, repair receipts, and communications with co-owners.
Consider negotiating with the co-owners: a buyout or agreement about occupancy and sale timing often resolves disputes faster and cheaper than continued litigation.

Key statutory reference

Partition actions and civil procedures are governed by Oklahoma law. For statutory language and procedural rules, consult the Oklahoma statutes and court rules at the Oklahoma Legislature website: https://www.oklegislature.gov/. If you need specific statutory sections, search the site for “partition” and for Title 12 (Civil Procedure) and relevant title sections addressing real property and estates.

Helpful Hints

Don’t ignore a summons or complaint in a partition case. Responding preserves your rights and lets you ask for possession protections.
Keep all documents that create or evidence the life estate (deeds, wills, trust documents). These are crucial in court.
Document repairs, improvements, and expenses you pay for the property. That documentation supports requests for credits or reimbursement.
Be prepared to discuss rental value. Courts often consider fair market rent when adjusting division among owners.
Consider mediation or settlement talks — a voluntary buyout or agreed timeline for sale can avoid costly litigation.
Talk to an Oklahoma real property attorney early. Partition law mixes property and procedural rules; local counsel can explain how courts in your county treat occupancy rights and partition outcomes.