Washington: Rights of Co-Owners When a Life Tenant Occupies the Property

If someone who is a co-owner holds a life estate (a life tenant) and lives in the property, Washington law generally gives that life tenant the right to possess and use the property for the length of the life estate. Other co-owners who own future interests (remaindermen) cannot demand possession while the life estate continues, but they do have remedies: they can sue to stop or recover for waste (damage or improper use), seek partition in some circumstances, or seek other equitable relief from a court. This page explains those rights, common issues, and practical next steps.

Important disclaimer

This information is educational only and not legal advice. For guidance tailored to your situation, consult a licensed Washington attorney.

Detailed answer — how Washington law treats a life tenant who occupies the property

1. Possessory right of the life tenant. A life tenant normally has the exclusive right to live in and use the property during the life estate. That right is generally equivalent to a full possessory interest for the duration of the life estate. Co-owners who only hold future interests (remaindermen) typically cannot force the life tenant to leave before the life estate ends except in limited circumstances.

2. Obligations of the life tenant (what they must not do). A life tenant must not commit waste. Waste comes in three common forms:

• Voluntary waste — intentional damage or removal of valuable resources (for example stripping the house of fixtures or demolishing structures without justification).
• Permissive waste — failure to perform ordinary upkeep that leads to deterioration (for example refusing to make basic repairs or pay taxes when required to prevent foreclosure).
• Ameliorative waste — using the property in a way that changes it substantially and reduces the value of the future interest (for example converting a single-family home to a commercial use in a way that harms value to remaindermen).

If a life tenant commits waste, remaindermen can sue for damages, injunctive relief, or an order requiring restoration.

3. Income and rents. If the life tenant occupies the property, they typically keep the benefits of occupancy. If the life tenant leases the property to a third party and receives rent, those rents generally belong to the life tenant unless the deed or agreement specifies otherwise. Remaindermen usually cannot demand rent from the life tenant for the period of the life estate. However, if the life tenant wrongfully excludes co-owners who have immediate possessory rights (e.g., co-tenant without a life estate), different rules apply.

4. Taxes, insurance, and major obligations. Under general property principles, a life tenant should pay ordinary taxes and costs associated with possession to prevent forfeiture of the property. Remaindermen are often responsible for obligations affecting the value of their future interest (for example, mortgage principal). These duties can be affected by the deed or local practice and may benefit from lawyer review.

5. When eviction or forcible removal is possible. Because the life tenant has a possessory interest, a remainderman cannot normally use Washington’s landlord-tenant eviction statutes to remove the life tenant simply to get possession while the life estate exists. Forcible entry and detainer (eviction-type) statutes (see RCW chapter 7.28) typically apply to unauthorized occupants or tenants at will, not to a person lawfully holding a life estate. See the forcible entry and detainer statute: RCW 7.28.

Common legal remedies available to non-possessory co-owners (remaindermen)

• Sue for waste or injunctive relief to stop damaging acts and seek compensation for loss of value.
• Seek a partition action to divide or sell the property and distribute proceeds. Washington law provides procedures for partition suits: RCW 7.52. A partition may be subject to the life estate; the court fashions an equitable remedy.
• File a quiet-title or declaratory-judgment action to clarify the parties’ interests if the deed or instruments are ambiguous.
• Obtain an accounting or damages if the life tenant improperly collects rents from a third party or wastes property value.

Practical examples (hypotheticals)

Example A — Life tenant living in the house peacefully: The life tenant lives on the property and maintains it. The remainderman generally waits until the life tenant’s death (or until the life estate ends) to take possession. The remainderman has no immediate right to possession but can inspect and seek protection against waste.

Example B — Life tenant removes fixtures or strips materials: The remainderman can sue for voluntary waste, seek damages, and ask the court to order restoration.

Example C — Life tenant leases the property to a third party: Rents collected during the life tenancy usually belong to the life tenant unless the deed says otherwise. If the life tenant improperly leases beyond the scope or commits acts harmful to the remainder, the remainderman can pursue legal remedies.

How to proceed — steps to protect your rights

1. Get a copy of the deed and title report. Confirm the language creating the life estate and identify who holds remainders.
2. Document occupancy and any alleged waste. Take dated photos, keep repair estimates, and gather witness statements if damage or misuse occurs.
3. Check whether the life tenant has breached any written agreement governing use, rent, or maintenance.
4. Send a polite written request or demand (through an attorney) asking the life tenant to stop waste or to provide accounting for rents or expenses.
5. If informal resolution fails, consult a Washington real property attorney about suing to enjoin waste, seeking damages, or filing a partition or declaratory-judgment action. Partition rules are in RCW 7.52: RCW 7.52.
6. If there is unlawful conduct (criminal activity, trespass by someone other than the life tenant, or immediate danger), contact law enforcement and then consult counsel about civil remedies.

When to consider filing court action

Consider court action when the life tenant’s conduct causes significant, continuing harm to the property’s value, when they wrongfully convert assets (for example, substantial removal of fixtures), or when the parties cannot resolve disputes by agreement or mediation.

Helpful hints

• Start by reading the deed. The specific wording controls many rights and obligations.
• Keep good records. Evidence of waste or improper actions will be key in court.
• Consider mediation or a neutral evaluator before suing; courts often encourage early resolution.
• If you are a remainderman, understand that possession usually waits until the life estate ends, but you retain remedies for damage and mismanagement.
• If you are the life tenant, don’t assume you can alter or devalue the property; avoid major changes without agreement from future-interest holders or a court order.
• For eviction questions, note that ordinary residential landlord-tenant law (RCW chapter 59.18) does not automatically override property interests created by deed: RCW 59.18. For forcible entry/eviction procedures see RCW 7.28: RCW 7.28.
• Partition may force sale or division of property even with life estates present. Review RCW 7.52: RCW 7.52.