Understanding rights when a co-owner holds a life tenancy and lives in the property

Detailed Answer

Short answer: In Rhode Island, a person who holds a life estate (life tenant) generally has the right to possess and use the property for the duration of the life estate. A co-owner who holds only the future interest (a remainderman or remainder owner) cannot force the life tenant off the property or take possession until the life estate ends, except in limited circumstances (for example, where the life tenant commits waste or breaches duties). The remainderman and other co-owners do have remedies: they can sue for waste, seek partition in some situations, seek accounting or rent if the life tenant excludes them unlawfully, or pursue other equitable relief from a Rhode Island court.

What a life tenancy means

A life tenancy (life estate) gives the life tenant an immediate right to possess, use, and enjoy the property during the measured life (usually the life tenant’s life or another specified person’s life). The life tenant’s right is a present possessory interest; the remainderman’s interest is future—ownership that becomes possessory only when the life estate ends.

Common rights and duties of the life tenant

The life tenant has a right to exclusive possession while the life estate lasts, subject to any limits in the deed, will, or trust that created the life estate.
The life tenant must not commit waste. Waste means damaging, destroying, or permitting deterioration beyond ordinary wear and tear that reduces the value of the remainder holder’s future interest.
The life tenant is generally responsible for ordinary maintenance and may be required to pay property taxes, insurance, and interest on mortgages (depending on how the life estate was created and local practice). Major alterations or sales usually require consent of the remainderman or a court order.

What the remainderman and other co-owners can (and cannot) do

Cannot eject a rightful life tenant simply because the remainderman wants possession. They must wait until the life estate ends unless they have another legal basis (for example, the life tenant is committing waste).
Can bring a court action to stop or remedy waste (injunctions, damages, or orders to repair). In Rhode Island, equitable relief is available to protect future interests.
May be entitled to rent or an accounting if the life tenant wrongfully excludes them or converts income-producing property to personal use in a way that deprives the remainderman of expected income.
May petition for partition in certain circumstances. Partition divides property among co-owners or results in a sale with distribution of proceeds. If a partition action is filed, a Rhode Island court will consider the life estate and may order a sale or division that accounts for the life tenant’s possessory rights.

When a life tenant’s occupation creates conflict

If a co-owner who is also a life tenant is living in the property and another co-owner objects, consider the following steps and remedies:

Confirm the legal interests. Review the deed, will, trust, or court order that created the life estate. Document who holds the life estate and who holds remainder or other co-ownership interests.
Talk and attempt negotiation or mediation. Many disputes about occupancy, repairs, or rent resolve quicker and cheaper by agreement.
If the life tenant commits waste, seek court relief. A suit for waste can seek an injunction to prevent further damage, money damages, and an order compelling repairs.
Consider a partition action. Courts in Rhode Island can order partition in kind (physical division) or partition by sale. The court will factor in the life tenant’s right to possession when fashioning relief.
If the life tenant is unlawfully excluding co-owners who currently have a right to possession (rare if a true life estate exists), the excluded co-owner may bring actions for trespass, ejectment, or to recover rents. The availability and outcome depend on the recorded interests and facts.

Practical example (hypothetical)

Suppose A conveys Blackacre “to B for life, then to C.” B lives in the house for the rest of B’s life. C cannot force B to move out while B is alive. If B tears down the house or removes the roof (waste), C may sue B to stop the waste or to recover damages. If C and B are co-owners in some other way (e.g., tenants in common with B’s interest limited to a life estate), C can ask the court to partition the property or order remedies against B for misuse.

Relevant Rhode Island resources

State statutes and court procedures govern property interests and remedies. For state law texts and to search statutes, see the Rhode Island General Assembly Statutes page: https://www.rilegislature.gov/Statutes/. For information on filing civil actions and accessing court forms, visit the Rhode Island Judiciary: https://www.courts.ri.gov/. These resources can help you locate specific statutes on partition, waste, and civil remedies under Rhode Island law.

When to get a lawyer

Talk to a Rhode Island real property attorney if any of the following apply:

There’s a dispute about who actually holds the life estate or a remainderman interest.
The life tenant is damaging the property, performing major alterations, or generating income from the property that affects remainder interests.
You’re considering filing for partition, waste, ejectment, or seeking an accounting of rents.
You want to negotiate an agreement (rent, repairs, sale) but need assistance drafting enforceable terms.

Note: Courts look closely at the deed, will, trust, or judicial order that created the life estate. The specific language and recording status often decide who can do what and when.

Helpful Hints

Start by getting a copy of the deed or instrument creating the life estate. The deed’s language controls many rights and duties.
Check the land records (Recorder of Deeds) to confirm whose interests are recorded.
Document any damage, waste, or exclusion with photos, dates, and written notes—this helps if you go to court.
Keep receipts for repairs and taxes you pay; these can matter in accounting disputes.
Consider mediation before litigation. Courts often favor negotiated resolutions and mediation can be much cheaper and faster than a lawsuit.
If you’re the life tenant, avoid major structural changes or removal of fixtures without getting agreement from remainder owners or a court order.
If you plan to sell or refinance, understand that many lenders and buyers will be hesitant if a life estate exists; a life tenant’s consent or a court order may be required.
Ask a Rhode Island real property attorney to explain how local practice and Rhode Island case law apply to your facts.

Disclaimer: This article is educational only and does not constitute legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed attorney in Rhode Island.