The Short Answer

Generally, a life tenant in Pennsylvania cannot sell or mortgage (encumber) full ownership of the property without the remainderman’s consent, because the remainderman owns the future interest. However, a life tenant can typically transfer or mortgage only her life-estate interest—meaning any buyer or lender usually takes an interest that ends when the life tenant dies.

What Pennsylvania Law Says

In a life estate, ownership is split: the life tenant has the right to possess and use the property during her lifetime, and the remainderman holds the future interest that becomes possessory at the life tenant’s death. Because those are separate property interests, the life tenant usually cannot unilaterally do something that permanently impairs or disposes of the remainderman’s interest (like conveying fee simple title or placing a lien that survives the life estate) unless the remainderman joins in the transaction or a court authorizes a different result.

The Statute

The primary law that addresses court-authorized transactions involving property subject to future interests is 20 Pa.C.S. § 8305.

This statute establishes that, where real property is held subject to certain future interests (including interests of persons who are unborn, unascertained, or not legally capable), the court may appoint a trustee to sell, mortgage, lease, or exchange the property and hold the proceeds in trust for the present and future interests as directed by the court.

If you want more Pennsylvania-specific background on how life estates affect the remainder interest, you may find this helpful: Can a Life Estate Be Challenged in Court in Pennsylvania?.

Why You Should Speak with an Attorney

While the general rule sounds straightforward, whether a particular sale, mortgage, or other “encumbrance” is valid (and what it actually attaches to) depends heavily on the deed/will language that created the life estate and the details of the transaction. Legal outcomes often depend on:

• Strict Deadlines: If a dispute is developing (for example, a pending closing, a recorded mortgage, or a threatened transfer), waiting can reduce your options and increase the risk that third parties claim they relied on the public record.
• Burden of Proof: If you are alleging the life tenant is impairing your remainder interest (or committing “waste”), you typically need strong documentation—deed language, loan documents, title records, and evidence of property condition/value.
• Exceptions and Court Authority: In some situations, a court can authorize a transaction affecting future interests through a trustee process under Pennsylvania law. See 20 Pa.C.S. § 8305, which can change what is possible even when not everyone can consent.

Because a mistaken assumption about what the life tenant can (or cannot) sign can lead to expensive title litigation, it is smart to have a Pennsylvania probate/real estate attorney review the life estate deed (or will), the proposed loan or sale documents, and the current title before anything is finalized.

You may also want to read: What Are a Life Tenant’s Repair and Property-Care Obligations in Pennsylvania?.

Get Connected with a Pennsylvania Attorney

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.