Detailed Answer — Your rights when a co-owner holds a life tenancy and occupies the property

Short summary: In Alabama, a person with a life tenancy (a life estate) generally has the legal right to possess and use the property for the length of that life tenancy. A co-owner who holds the remainder or reversion interest cannot normally force immediate removal of the life tenant, but has other legal remedies — including seeking a partition, an accounting of rents and profits in some situations, and injunctive relief against waste or misuse. The options available depend on what the deed or instrument creating the life tenancy says and on whether the occupant actually holds a life estate or merely claims one.

What a life tenant can and cannot do

Right to possess and use: A life tenant may live on and use the property for the duration of the life estate. That right is generally exclusive against owners of the remainder interest until the life tenancy ends.
Duty not to commit waste: A life tenant must avoid committing waste — that is, deliberate or negligent acts that substantially damage or materially reduce the value of the property (for example, destroying structures, removing irreplaceable fixtures, or stripping timber in a way that destroys value).
Ordinary use and repairs: A life tenant may make ordinary use of the property and may make ordinary repairs. The life tenant is not usually required to make major improvements at their own expense, but they must not intentionally destroy value.
Taxes, insurance, and ordinary expenses: Depending on the deed or local practice, a life tenant often pays ordinary taxes, assessments, and costs of possession. If the instrument creating the life estate allocates expenses, those terms control.

What a co-owner with a remainder (or reversion) interest can do

As the holder of a future interest (remainder or reversion), a co-owner has rights even though they do not have present possession:

Cannot normally evict the life tenant: Because the life tenant has current possession under Alabama property law, the remainder owner generally cannot force immediate removal unless the life tenancy is invalid or terminates.
Seek an injunction against waste or misuse: If the life tenant is committing waste, you can ask a court to stop the harmful conduct or require remedial action.
Accountings and rents/profits: If the life tenant excludes the remainder owner in a way that creates income that should be shared (for example, renting out the property and keeping all rents), a court can require an accounting and distribution according to interests. If a co-tenant without a life estate is wrongfully excluded from possession by a co-tenant, Alabama law may permit recovery of rents and possession; but if a valid life estate exists, exclusion is generally lawful as to possession.
Seek partition: A remainder owner may file a partition action to divide or sell the property under Alabama’s partition statutes. The court can decide whether partition in kind (dividing the land) is practical or whether sale is necessary, and will account for existing life estates in dividing proceeds or awarding interests.

How partition works in Alabama

Alabama law provides a civil procedure to partition co-owned real property. If you and the life tenant are co-owners with different interests, the court can order either a physical division of the land (partition in kind) or a sale with proceeds divided among owners according to their interests. The court’s partition order will reflect the life tenancy — for example, by recognizing the life tenant’s possessory right and adjusting the present value of the remainder interest. See Alabama’s statutes on partition for the statutory procedure and remedies on the Alabama Legislature website (Title 35 — Property, partition provisions).

For the statutory text and procedural details, consult the Alabama Code on the Alabama Legislature website: https://www.legislature.state.al.us/ (search Title 35, Chapter 6: Partition of Real Property).

Practical examples (hypothetical facts)

Example A: Your parent conveyed property to you as a remainder owner and to your sibling as a life tenant. Your sibling lives on the property but is not damaging it. You cannot force them out while the life tenancy exists. You can, however, ask the court to order accounting for income if your sibling rents part of the property to a tenant and keeps all rent—depending on how the original instrument allocated rights.

Example B: The life tenant is removing valuable fixtures and selling trees until the property is damaged. You (the remainder owner) can ask a court for injunctive relief to stop waste and possibly for damages to restore value.

Typical steps to protect your rights

Confirm the legal documents: Obtain and review the deed, will, trust, or other instrument that created the life tenancy. Identify whether it is an express life estate and what obligations it imposes on the life tenant.
Gather evidence: Collect title records, photographs of the property, communications with the occupant, receipts for taxes/repairs, and any records of rental income or expenditures.
Communicate in writing: Send a polite written demand describing the issue (waste, denial of access, improper rental income) and asking for a specific remedy. Keep copies.
Consider mediation: If relations allow, mediation or a neutral third party can resolve disputes faster and cheaper than litigation.
File a partition or other civil action if needed: Where negotiation fails, you may file a partition action or a suit to enjoin waste and seek an accounting. A partition action can result in division or sale with proceeds distributed according to the parties’ interests.
Get a local attorney: A lawyer can evaluate the instrument creating the life tenancy, advise about remedies under Alabama law, and represent you in court if necessary.

Time-sensitive issues to watch

Act promptly if the life tenant is committing waste; continuing damage can reduce your eventual remainder value and may affect the remedies available.
Don’t take self-help measures (like changing locks or forcing removal) if a valid life tenancy exists; that can create liability for you.

Where to look in Alabama law

Key topics to review in the Alabama Code and case law include the law of life estates, duties and remedies related to waste, partition procedure and remedies, and co-tenant rights and obligations. You can search the Alabama Code through the Alabama Legislature website: https://www.legislature.state.al.us/ (search titles and chapters for “life estate,” “waste,” and “partition”).

Helpful Hints

Find the deed or trust document first — the grant language decides most disputes.
Document everything: photos, written communications, and dates. Courts rely on evidence, not memories.
Don’t attempt to evict or threaten a life tenant without legal advice — unlawful self-help can create liability.
Consider appraisal: an appraisal can help a court value life and remainder interests if a partition sale is ordered.
Ask whether insurance or property taxes are current — unpaid taxes can endanger everyone’s interest.
Mediation or early negotiation often saves time and money compared with a long lawsuit.
Consult a local Alabama attorney experienced in property and partition law to evaluate remedies and likely costs.

Disclaimer

This article explains general principles under Alabama law and is for educational purposes only. It is not legal advice, does not create an attorney-client relationship, and may not apply to your particular situation. For advice about your rights and options, consult a licensed Alabama attorney who can evaluate the specific documents and facts.