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

The Short Answer

In Pennsylvania, a life tenant generally has the right to possess and use the property during their lifetime, even if you hold a future interest (such as a remainder interest). Your rights typically focus on protecting the property’s value (preventing “waste”), ensuring required expenses are handled appropriately, and enforcing the terms of the deed or estate plan that created the life tenancy.

What Pennsylvania Law Says

Life estates often come up in probate and estate planning when someone is given the right to live in a home for life, with the property passing to someone else afterward. Even though you may be a co-owner in the sense that you have a recorded future interest, your right to immediate possession is usually limited while the life tenant is alive and still holds the present possessory interest.

That said, Pennsylvania law recognizes that when one person holds a present interest and someone else holds a future interest, the present-interest holder can have fiduciary-like duties to protect the future-interest holder from loss—particularly when the arrangement involves property or proceeds that are not held in a formal trust.

The Statute

The primary law commonly cited in Pennsylvania for the concept that a present-interest holder can be treated like a trustee for the protection of future-interest holders is 20 Pa.C.S. § 6113.

This statute establishes that a person with a present interest in certain property (not held in trust) that is subject to a future interest is deemed to be a trustee of that property, with ordinary powers and duties of a trustee (and a court can require security to protect the future-interest holders).

If the life tenancy arises from an estate administration context, Pennsylvania also has rules about who has the right to possess and maintain a decedent’s real estate during administration and when a court can require security for rents or rental value pending distribution. See 20 Pa.C.S. § 3311 and 20 Pa.C.S. § 3535.

Why You Should Speak with an Attorney

While the general rule is that the life tenant has possession, disputes often turn on the exact language of the deed/will, what expenses are being paid (or not paid), and whether the property is being maintained in a way that protects the future interest. Legal outcomes often depend on:

Strict Deadlines: If this is tied to an estate administration, court timelines and notice requirements can affect whether you can seek relief (for example, orders about possession or security for rental value during distribution under 20 Pa.C.S. § 3535).
Burden of Proof: If you claim the life tenant is damaging the property or failing to preserve it, you typically need clear evidence (photos, contractor reports, payment records, insurance/tax records) to show harm to the future interest.
Exceptions: Your rights can change depending on whether the life tenant’s rights come from a deed vs. a will, whether the property is still in active estate administration, and whether a court can impose protections like security or trustee oversight under 20 Pa.C.S. § 6113.

Trying to handle a life-estate conflict alone can backfire—especially if you take actions that a court could view as interfering with the life tenant’s possessory rights, or if you miss the chance to ask the Orphans’ Court for protective relief.

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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.