FAQ: What rights do I have when a co-owner is living in the property under a life tenancy and occupying it?

Short answer: Under Oklahoma law, a person holding a life estate (a life tenant) normally has the right to possess and use the property during the life estate. Co-owners who hold future interests (remaindermen) keep legal ownership but usually cannot force the life tenant off the property while the life estate continues. Remaindermen do have remedies: they can seek an accounting for rents and profits, sue the life tenant for waste or damage, and in many cases seek partition or a court-ordered sale if the situation justifies it. The exact options and outcomes depend on the deed or document creating the life estate and the particular facts.

Detailed answer

1. What is a life tenancy (life estate) in Oklahoma?

A life tenancy—or life estate—gives a person (the life tenant) the right to possess and use real property for the duration of the measuring life (commonly the life tenant’s life). Ownership is split: the life tenant has the present possessory interest; one or more remaindermen hold the future interest to take full ownership when the life estate ends. The deed, will, or trust that created the life estate controls the rights and duties of each party.

2. What rights does the life tenant have?

• Exclusive possession and use during the life estate. The life tenant may live in the property and exclude others (except as limited by the creating instrument).
• Right to ordinary income and rents produced during the life estate, unless the instrument says otherwise.
• Right to make ordinary repairs and improvements, subject to the duty not to commit waste.

3. What duties does the life tenant have?

The life tenant must avoid “waste.” Waste generally falls into three categories:

• Voluntary waste: deliberate destructive acts (for example, tearing down structures or removing valuable fixtures) that reduce the property’s value.
• Permissive waste: neglect that leads to deterioration (failure to make ordinary repairs, pay property taxes or insurance where the life tenant has an obligation).
• Ameliorative waste: changes that increase value but alter the character of the property (these can also be actionable without consent of the remaindermen depending on the jurisdiction and facts).

A life tenant who allows waste may be liable to the remaindermen for damages, and a court can order remedies.

4. What rights do remaindermen or co-owners with future interests have?

• Right to protect their future interest: Remaindermen can sue the life tenant for waste or for an accounting of rents and profits if the life tenant has improperly collected income or rents.
• Partition or sale: In many states including Oklahoma, co-owners may seek partition—either a division in kind (if feasible) or a sale with proceeds divided among owners. Partition usually addresses co-tenancy disputes when co-owners cannot agree. A partition action may be complicated by the existence of a life estate because the life tenant’s possessory interest must be respected while it lasts.
• Injunctions and damages: If the life tenant commits waste or otherwise violates the terms of the life estate, a court can issue an injunction to stop the conduct and award damages.

5. Can a remainderman force a life tenant to leave?

Generally, no. The life tenant has the legal right to possess the property for the duration of the life estate. A remainderman cannot simply evict the life tenant unless the life tenant’s rights have been terminated (for example, by forfeiture language in the deed, by agreement, or by a court finding of serious breaches that allow termination). If the life tenant breaches duties (such as committing waste), remaindermen may go to court for relief, but removal is not automatic.

6. What if the life tenant is renting the property to a third party?

A life tenant can generally collect rent for the period of the life estate unless the instrument creating the life estate prohibits leasing. Rents and leases typically benefit the life tenant for the life estate term; remaindermen generally cannot collect rent while the life tenant occupies or is legitimately renting the property. However, remaindermen can seek an accounting if rents have been improperly withheld from them when the life estate ends or if the lease was entered in bad faith to harm their future interest.

7. What practical steps can a remainderman or co-owner take now?

1. Obtain and review the deed, trust, or will that created the life estate. The controlling document often defines rights and limits.
2. Document the situation. Take dated photos, keep records of communications, and retain invoices or receipts for repairs or damage.
3. Ask the life tenant for an accounting of rents and expenses (in writing). Keep records of property taxes, insurance, and major repairs.
4. Consider alternative dispute resolution (mediation) before filing suit. Courts often favor negotiated solutions when possible.
5. If necessary, consult a real property attorney experienced in Oklahoma life estates and partition actions to discuss filing for an accounting, injunctive relief, damages for waste, or a partition action.

8. Remedies commonly used in Oklahoma disputes over life estates

• Action for waste—asking a court to stop destructive conduct and award damages.
• Accounting for rents and profits—especially where the life tenant has leased the property or collected income.
• Partition or partition-sale—seeking division or sale of the property and distribution of proceeds; courts will consider the life estate when ordering relief.
• Injunction—court order stopping wrongful acts that harm the remaindermen’s interest.

Where to look in Oklahoma law

Oklahoma law addresses real property remedies, partition, and estate interests across the statutes and case law. For statutory text and to research specific provisions, start at the Oklahoma Legislature website and the title indexes for provisions on civil procedure, partition, and estates:

• Oklahoma Legislature (statutes and session laws)
• Look under Title 12 (Civil Procedure) for partition and related remedies and under Title 58/Title 60 for real property, conveyances, and estates. (Search terms: “partition,” “waste,” “life estate.”)

Helpful Hints

• Keep a copy of the recorded deed or document that created the life estate. This determines most rights.
• Take photos and detailed notes of any damage, changes, or evidence of neglect—document the condition over time.
• Preserve receipts and tax statements (property tax, insurance), and track who pays what. These matters affect claims for expenses and credits.
• Do not attempt self-help eviction. Forcible removal of a life tenant can lead to legal liability. Use court proceedings.
• Consider mediation early. Courts may view cooperative solutions favorably and mediation can save time and money.
• Ask an attorney to review the deed language. Specific words in the document (conditions, limitations, forfeiture clauses) can change available remedies.

Next steps

If you are a remainderman or co-owner concerned about a life tenant’s occupation, collect the documents, preserve evidence, and talk with an Oklahoma real property attorney to learn which remedies best fit your situation. An attorney can explain how the deed’s language and Oklahoma case law apply to your facts and can prepare litigation or settlement options tailored to you.

Disclaimer: This article is for general informational purposes only. It does not create an attorney-client relationship and is not legal advice. Laws vary by fact pattern and change over time. Consult a licensed Oklahoma attorney to get advice tailored to your situation.