Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a Tennessee attorney.
Detailed Answer — How Tennessee law treats a co-owner who lives on property under a life tenancy
When one co-owner occupies property under a life tenancy (a life estate) and another person holds a future interest (a remainder or reversion), Tennessee law treats the life tenant as the person entitled to possession and use of the property for the duration of the life tenancy. That basic rule shapes what each party can and cannot do while the life tenancy lasts.
Who has the right to possess the property?
The life tenant has the exclusive right to possess and use the property during the life estate. The holder of the future interest (the remainderman or reversioner) does not have the right to occupy the property until the life tenant’s interest ends (for example, at the life tenant’s death or sooner if the life estate is legally terminated).
What can the life tenant do with the property?
- Use and enjoy the property, live there, or collect rents while keeping within ordinary use.
- Make ordinary repairs and maintain the property.
- Make contracts affecting the life estate; however, a life tenant cannot ordinarily dispose of the remainder interest owned by the remainderman without that person’s consent. If a life tenant tries to mortgage or sell the property, any encumbrance generally attaches only to the life tenant’s interest unless the remainder holder joins.
What must the life tenant not do?
The life tenant must avoid “waste.” Waste generally means conduct that destroys, devalues, or substantially alters the property in a way that harms the future interest holder. Examples include removing key structural elements, intentionally damaging improvements, or depleting natural resources in a way that is not permitted.
What remedies does the future interest holder have while the life tenant occupies?
- Seek an injunction or damages in court for waste or for conduct that exceeds the life tenant’s rights.
- Ask a court to partition the property in appropriate cases where co-ownership (not just a life estate) exists and partition is available. A court may divide the property physically (partition in kind) or order a sale and divide proceeds according to each party’s interest.
- Enforce obligations such as property taxes, assessments, or mortgages to the extent the law and the parties’ interests permit.
Can the future interest holder evict the life tenant?
Not simply because the life tenant is occupying the property. Because possession is the life tenant’s right, eviction is not appropriate unless the life tenancy has ended or the life tenant has forfeited possession by unlawful conduct. If the life tenant commits waste, illegally excludes the remainder holder from rights that law allows, or breaches express conditions of the life interest, the remainder holder may pursue court remedies (injunction, damages, declaratory relief).
What about partition, sale, or buyout?
A co-owner who holds a present interest may sometimes seek partition. How a court handles partition when a life estate exists varies with the facts: the life tenant’s right of possession complicates immediate physical division. Courts may:
- Partition in kind if a fair division is possible,
- Order a sale and distribute proceeds after valuing the life estate and remainder interests, or
- Approve a negotiated buyout where one owner purchases the other’s interest (often the practical, less costly option).
What about taxes, insurance, and mortgages?
Responsibility depends on the agreement and on the nature of ownership. Typically the life tenant pays ordinary maintenance, taxes, and insurance for the period of possession, but this can vary. If there is a mortgage on the property, the mortgage binds the property. If a lender took security from the life tenant alone, the lender’s claim may be limited to the life estate; the remainder holder’s future interest may remain unaffected by actions that exceed the life tenant’s authority.
How does the life tenancy end and what then?
A life tenancy usually ends at the death of the life tenant or by a legal termination (for example, surrender of the life estate, merger of life and remainder interests, or a court order in some circumstances). After termination, the holder of the remainder or reversion generally has the right to immediate possession.
Relevant Tennessee references and further reading
Tennessee recognizes life estates and the equity remedies available to protect remainder holders and to restrain waste. For Tennessee statutory law and court procedure resources, consult the Tennessee Code and Tennessee Court self-help pages:
- Tennessee Code (official legislative website): https://www.capitol.tn.gov/
- Tennessee Courts — self-help and court information: https://www.tncourts.gov/programs/self-help
Specific remedies and procedures (for example, partition actions, injunctions for waste, forcible entry and detainer practice) follow statutes and court rules; a Tennessee attorney can point to the exact statutes and procedural rules that apply to your case.
Helpful Hints
- Get the deed and title report. Look for words such as “for life,” “life estate,” “to A for life, then to B,” or similar language. Those words define the legal interests.
- Document occupation and conduct. Keep photos, repair bills, and written communications about use, repairs, or damage.
- Check taxes, insurance, and mortgage status. Who is paying these? Unpaid taxes or mortgage arrears can affect all owners’ interests.
- Talk before suing. Consider mediation or a negotiated buyout; courts can impose outcomes that are expensive and unpredictable.
- Understand waste. Ordinary maintenance is allowed. Major destructive changes or removal of valuable materials may allow the remainder holder to sue for waste.
- Consider partition carefully. Partition can force a sale; if the property has sentimental or unequal value, a buyout may be preferable.
- Consult a Tennessee attorney early. An attorney can confirm the legal interests, explain remedies, and help file necessary court actions (partition, injunction, accounting, or damages) under Tennessee law.
For next steps: gather the deed, title information, tax and mortgage records, photos of the property, and any written agreements or communications. Bring those to a Tennessee lawyer for a focused review and advice tailored to your situation.