Can a life tenant continue living in the house during a partition action in Texas?

Short answer: Usually a life tenant retains the right to possess the property during the life estate, but a co-owner can file a partition suit that may lead to a court-ordered physical division or a sale. If the court orders a sale, the life estate is converted into a money award (the life tenant may receive an adjusted share or compensation for the right to occupy), so the practical ability to remain in the house can end after a court order or sale. How this plays out depends on the facts and the court’s orders.

Detailed answer — what Texas law says and how courts typically handle it

Texas law allows co-owners of real property to ask a court to partition the property when they cannot agree on use or disposition. The main statute governing partition is Texas Property Code Chapter 23 (Partition). See: Tex. Prop. Code Ch. 23.

Key principles that apply to life tenants in Texas:

• Possessory right during the life estate: A person who holds a valid life estate normally has the legal right to possess and use the property during the term of the life estate. That is the core nature of a life tenant’s interest.
• Partition suits can be filed by co-owners: Any person with an interest in real property who is a co-owner (including remaindermen or other life tenants/co-tenants) may petition the court to partition the property under Chapter 23. The court may order partition in kind (physically dividing the land) if reasonably practicable, or it may order a sale and divide the proceeds among the owners.
• When the court orders sale: If the court orders partition by sale, the physical property will be sold and the life estate in the property is effectively ended because the property no longer exists in the same form. The life tenant’s interest converts into a monetary claim — the life tenant is entitled to whatever share the court awards based on the value of the life estate and the interests of the other owners.
• Courts weigh feasibility and fairness: Courts consider whether a division in kind is practical without greatly reducing value or causing injustice. If division in kind is impractical, sale may be required even if a life tenant objects.
• Temporary possession or injunctions: During the pendency of a partition suit, a court can enter temporary orders affecting possession, use, or collection of rents and profits. A life tenant can ask the court for temporary relief (for example, to permit continued occupancy) and the court will weigh competing interests. A court also can require payment of rents, damages, or bond if one party’s use during the lawsuit imposes costs on others.

In short: the life tenant’s default right to possess the property remains in place until a court lawfully changes that status by order (for example, ordering sale or issuing a possession order). But a partition suit can produce an outcome — especially a sale — that eliminates the practical ability to continue living in the house as the life tenant.

Practical scenarios and outcomes

• Partition in kind — If the court can divide the real property into separate parcels fairly (for example, subdividing a large tract), the life tenant may retain possession of the parcel that constitutes the life estate portion, depending on the parties’ interests and the court’s allocation.
• Partition by sale — If the property cannot be fairly divided, the court usually orders sale and divides the proceeds. The life tenant’s occupancy ends once the sale is completed; instead of continued possession, the life tenant receives the monetary value of his or her life interest (or an adjusted share determined by the court).
• Temporary occupation during lawsuit — The court can allow the life tenant to remain during litigation, or it can temporarily prohibit occupancy or direct payment (rent) to the co-owners. Parties sometimes negotiate a stay, buyout, or rental arrangement while the case proceeds.

Statutes and legal authority

The principal statutory authority for partition procedures in Texas is Texas Property Code Chapter 23. Read the statute here: Tex. Prop. Code Ch. 23 — Partition. That chapter describes who may sue for partition, how courts may divide property, and how proceeds are distributed.

What a life tenant should do right away

1. Gather documents: deed(s), wills or trust documents, title paperwork, mortgage statements, and any written agreements about who may live in or manage the property.
2. Talk to a Texas real property attorney early: Partition law and life-estate valuation involve technical analysis. An attorney can explain options (buyout, settlement, asking for partition in kind, claiming possession rights, or seeking temporary injunctions).
3. Consider settlement: Co-owners frequently resolve disputes by buyouts, written occupancy agreements, or refinancing rather than prolonged litigation.
4. Keep records: Track repairs, improvements, and expenses you pay while living on the property; those records can affect how costs and proceeds are allocated in court.

Helpful hints

• Do not assume you can stay indefinitely simply because you are a life tenant. A partition suit can lead to a sale that ends physical occupancy.
• If you want to remain in the house, explore a negotiated buyout where you purchase the other owners’ interests or they buy your life-interest value.
• Ask the court for temporary possession or a stay if eviction during the litigation would cause undue hardship — a judge can impose conditions (bond, rent, or repayment arrangement).
• If someone threatens to physically remove you without a court order, contact local law enforcement and get legal help; self-help eviction by co-owners can be unlawful.
• Be aware of homestead issues: Texas homestead protections can affect forced sales by creditors, but homestead and life-estate questions are fact-driven and interact with partition law—talk to a lawyer to understand how homestead law may affect your situation.

When to get legal help

Get a Texas property-law attorney if any of these apply:

• A co-owner has filed a partition suit or threatens to file one.
• You want to negotiate a buyout or a formal occupancy agreement.
• You face eviction, or someone tries to change locks or remove you without a court order.
• The property has mortgages, liens, or complex title issues that affect partition or proceeds distribution.

Disclaimer

This article explains general principles of Texas property and partition law and is for informational purposes only. It is not legal advice, does not create an attorney-client relationship, and may not reflect the most recent changes in the law. For advice specific to your situation, consult a licensed Texas attorney.