Understanding your rights when a co-owner holds a life tenancy in Wisconsin
What a life tenancy means
A life tenancy (life estate) gives the life tenant the right to possess and use the property for the duration of that person’s life. The life tenant controls the property during life unless the deed or agreement places limits on that right. A life tenancy typically leaves a future interest (a remainder) to another person or persons, often called remaindermen.
Core rights of the life tenant
- Exclusive possession: The life tenant generally has the right to live in and use the property while alive.
- Use and income: The life tenant may collect rental income or use the property’s resources subject to fiduciary duties and the doctrine of waste (see below).
- Responsibility for ordinary costs: The life tenant typically must pay routine maintenance, ordinary repairs, and property taxes during the life tenancy unless the deed or local rule says otherwise.
Core rights of the co-owner with a future interest (remainderman) or other co-owners
- Right to future possession: The remainderman holds a legal interest that becomes full ownership when the life tenant dies or the life interest otherwise ends.
- Protection against waste: The remainderman can sue if the life tenant commits “waste” — actions that harm the long‑term value of the property (for example, destroying buildings, removing irreplaceable resources, or failing to prevent decay).
- Right to seek accounting: If the life tenant rents the property or receives income from it, the remainderman may have a right to an accounting or to a portion of net profits depending on the circumstances and local law.
- Right to pursue partition or sale in some situations: Co-owners can sometimes force a partition or a court-ordered sale. See Wisconsin partition law below.
What you can do if a life-tenant co-owner is occupying the property
Actions depend on whether the life tenant’s possession is lawful and whether they are harming the property.
- Review the deed and recorded documents. Confirm whether the occupant actually holds a life estate, whether any limitations or reservation exist, and whether there are other recorded agreements affecting possession.
- Check for waste or improper conduct. If the life tenant is damaging the property, removing fixtures, allowing serious neglect, or doing other things that decrease the value, the remainderman can seek injunctive relief and damages in equity.
- Consider negotiation or buyout. Many disputes end with a negotiated agreement: a buyout of the life interest, a written lease, or a plan to share expenses and income.
- File a partition action if appropriate. Wisconsin law allows co-owners to ask a court to partition property. A partition can divide property in kind or order a sale and distribution of proceeds. A life estate complicates partition remedies, but a court can account for the life interest when ordering relief. See Wisconsin’s partition statutes: https://docs.legis.wisconsin.gov/statutes/statutes/842
- Seek an accounting for rents and profits. If the life tenant is collecting rent or other income, you may be entitled to an accounting and possibly a share of net profits depending on arrangements and whether the life tenant’s use violated duties to the remainderman.
- Avoid self-help eviction. Even if you disagree with the occupant, do not change locks or forcibly remove them. Evictions require court process unless the life interest has legally ended.
How Wisconsin law can help — partition actions
If you and the occupant cannot agree, a partition action is a common legal route. Under Wisconsin law, any co-owner may bring a partition action to divide or sell the property. The court will evaluate the interests of all parties, including life estates, when fashioning appropriate relief. See Wisconsin’s partition statutes for details and procedural rules: https://docs.legis.wisconsin.gov/statutes/statutes/842
Practical matters you should investigate now
- Get a copy of the deed and any recorded instruments (life-estate language, powers of appointment, liens, mortgages).
- Document current occupancy: dates, who lives there, who pays utilities, and whether rent is collected.
- Track maintenance, repairs, improvements, and who paid for them.
- Check tax bills and mortgage statements to see who has paid taxes and mortgage payments.
- Photograph any damage or actions that might constitute waste.
Likely outcomes and remedies
Possible results depend on facts and the court’s view of fairness and rights:
- Court-ordered partition in kind (rare for single-family homes) or sale with proceeds split according to each party’s legal share.
- Monetary award for damages if the life tenant committed waste.
- Accounting and distribution of rents and profits if the life tenant improperly took income from the property.
- Negotiated buyout where the remainderman pays the life tenant for the life interest or buys out the occupant.
When to consult a lawyer
Consult a Wisconsin attorney if you need to:
- Determine whether the occupant actually holds a life estate under the deed.
- Seek injunctive relief or damages for waste.
- File or defend a partition action.
- Negotiate a buyout, lease, or settlement involving title or large sums.
Helpful Hints
- Start by obtaining a current title report or certified copy of the deed from the county register of deeds.
- Keep careful records of expenses (taxes, insurance, repairs) and communications with the life tenant.
- Do not attempt self-help eviction or lock changes; use courts to resolve possessory disputes.
- Consider mediation early; it can preserve relationships and avoid costly litigation.
- If the life tenant is elderly or incapacitated, consider whether guardianship or elder-law issues apply — but consult an attorney before taking action.
- When negotiating a buyout, get an independent appraisal so both sides have a fair market value estimate.