Short Answer

Under South Dakota law, a life tenant generally keeps the right to possess and use the property for the length of the life estate, including while a partition action is pending. However, a co-owner can force a partition, and the court can order a physical division (partition in kind) or a sale with distribution of proceeds. The court will consider the life tenant’s occupancy right and the relative values of the life estate and any remainder interest when ordering division or sale.

Detailed Answer — How This Works in South Dakota

1. What is a life estate?

A life estate gives a person (the life tenant) the right to possess and use real property for the duration of a stated life (typically the life tenant’s own life). At the end of that life, the property interest passes to the remainderman(s) or reverts to the grantor’s heirs, depending on the deed or will.

2. Possession rights during a partition action

The life tenant’s ownership interest includes the right of possession for the life of the estate. If another co-owner (for example, a remainderman who already holds a present future interest or a co-tenant with a concurrent interest) brings a partition action, that statutory procedure does not automatically strip the life tenant of current possession. Most courts recognize that a life tenant may continue to occupy the property until the estate ends or until the court orders otherwise as part of the partition remedy.

3. How courts handle partition when a life tenant is involved

When a partition action includes a life estate, the court must divide the property in a way that respects the life tenant’s possessory interest and the remaindermen’s future interest. Common outcomes:

• Partition in kind: If the property can be divided without harming its value, the court may partition the property physically and allocate portions so that the life tenant can remain in an appropriate portion while preserving the remainder interests.
• Sale and distribution: If a fair physical division is not practical, the court may order a sale. Sale proceeds are then distributed according to each party’s interest. The life tenant’s share is typically calculated based on the value of a life estate (present value) versus the remainder interest.
• Buyout: Sometimes a co-owner buys out the other owners’ interests. The life tenant may be paid the present value of the life estate, enabling the life tenant to vacate (or to receive compensation while remaining, depending on the agreement).

4. Court powers affecting occupancy

The court can enter orders during a partition action to protect property and parties. For example:

• Issue temporary injunctions or possession orders if one party threatens waste, unlawful exclusion, or serious harm to the property.
• Require accounting for rents, profits, or expenses if the property is being rented or if one owner has been paying more than their share of taxes, insurance, or mortgage payments.
• Appoint commissioners or referees to determine whether division in kind is feasible and to recommend sale procedures or valuation methodologies.

5. Valuation issues

If the court orders a sale, or if owners agree on a buyout, South Dakota courts will determine the economic value of each party’s interest. For a life tenant, that typically means converting the life estate to a present value so the remainder holders receive a fair share. The valuation often requires appraisals and sometimes actuarial assumptions about the life tenant’s life expectancy.

6. Practical consequences for a life tenant who wants to stay

In practice, a life tenant may continue to live in the house while the partition process runs, but this is not absolute. The court will protect the life tenant’s right to possession unless there is a strong reason to alter possession (for example, waste, illegal use, or an agreed buyout). If occupancy continues, the life tenant should also know about possible obligations:

• Pay a fair share of necessary expenses (taxes, reasonable repairs) or the court may adjust distributions to reflect who paid what.
• Avoid committing waste (acts that substantially harm the property’s value), or the court can award damages or countermeasures.
• Be prepared for appraisal and valuation procedures if a sale is likely.

7. Where to look in South Dakota law

Partition actions and civil procedures are handled through South Dakota’s courts and codified laws. For statute text and local procedural rules, consult the South Dakota Codified Laws and the Unified Judicial System:

• South Dakota Codified Laws (searchable)
• South Dakota Unified Judicial System (court procedures and local court information)

When to Talk to an Attorney

Consider speaking with a South Dakota real property attorney if any of the following are true:

• A co-owner has filed or threatens to file a partition action.
• You are a life tenant and a co-owner wants a sale or buyout.
• There is a dispute about who pays taxes, insurance, or repair costs.
• Someone is committing waste or attempting to force you out prematurely.

An attorney can explain likely outcomes, represent you in court, negotiate buyouts, and help preserve your occupancy rights or secure fair compensation.

Helpful Hints

• Keep copies of deeds, the document creating the life estate (deed or will), tax bills, insurance papers, and records of expenses and repairs.
• Document your occupancy and maintenance activities. Avoid making major alterations without co-owner consent.
• If you can, try to negotiate with co-owners early — buyouts or voluntary partition agreements are often faster and cheaper than contested litigation.
• Request appraisals early so all parties understand fair market value and the life estate’s likely valuation.
• Ask the court for a temporary order if you fear unlawful eviction, waste, or destruction of property while the partition is pending.
• Consult a South Dakota attorney to learn how state procedure and local court practices will affect timing, costs, and likely outcomes.