FAQ — Understanding possession and remedies when one co-owner holds a life tenancy in Alaska

Short answer: In Alaska, a person who holds a life estate (a life tenant) generally has the right to possess and use the property for the length of that person’s life. Co-owners who hold the remainder or other future interests cannot forcibly evict a valid life tenant while the life estate continues. However, those co-owners do have several legal remedies: they can sue to stop or repair waste, seek an accounting of rents and profits, ask a court to order sale or partition where appropriate, or otherwise enforce specific terms in the deed or will that created the life estate.

Detailed answer (how this works under Alaska law)

Below is a plain-language description of the typical legal framework and remedies as they apply in Alaska. This is an explanatory summary. For case-specific advice, consult an attorney licensed in Alaska.

What is a life estate (life tenancy)?

A life estate gives a person (the life tenant) the right to occupy and use real property for the duration of that person’s life. At the end of that life, the property passes to the remainderman(s) or as the deed/will directs. The life tenant’s possessory right is usually exclusive during the life estate unless the deed says otherwise.

Typical rights of the life tenant

Right to possession and use of the property during the life estate.
Right to enjoy rents and profits from the property while occupying it (unless the instrument creating the life estate says otherwise).
Typically responsible for ordinary maintenance, property taxes, and utility expenses while in possession (unless the deed allocates responsibilities differently).

Typical limits and duties of the life tenant

Duty not to commit waste: A life tenant must not substantially damage, destroy, or change the property in a way that permanently reduces its value to the remainderman.
Major changes (like demolition, removal of valuable resources, or cutting timber for profit) often require the remainderman’s consent or a court order.
If the life tenant fails to pay property taxes or other encumbrances and the property is at risk, the remainderman may have remedies to protect the property.

Rights of the remainderman or other co-owners

Remaindermen (co-owners who hold the future interest) do not have the right to evict a valid life tenant during the life tenant’s lifetime solely because they want possession. But remaindermen do have important legal tools:

Sue to enjoin or remedy waste and recover damages for harm to the property’s value.
Seek an accounting of rents and profits if the life tenant is collecting rent from others and not sharing with the remainderman when required.
Request partition or sale in some situations: a court can order partition in kind (rare for a single house) or order sale of the property and division of proceeds in accordance with the parties’ interests. If a property is sold while a life estate exists, the buyer usually takes the property subject to the life estate unless the parties agree otherwise.
Enforce any specific terms in the deed, will, or trust that created the life estate (for example, restrictions on use, insurance, or payment of taxes).

Practical examples (hypothetical)

Example A: Amanda has a life estate in a house; Ben is the remainderman. Amanda lives in the house and rents out a basement unit but keeps all rent proceeds and refuses to make major repairs. Ben can ask a court for an accounting of rent, demand repairs, and sue to prevent or remedy waste. Ben cannot lawfully evict Amanda while her life estate continues.

Example B: Cynthia and David each own undivided shares of a property. Cynthia holds a life estate and occupies the home. David, as co-owner with a future interest, may ask the court to sell the property and split proceeds or may ask the court to fashion another equitable remedy — but a forced physical eviction of Cynthia is not an automatic remedy unless Cynthia’s possession breaches the law (for example, through illegal activity) or her life tenancy is invalid.

Common court remedies in Alaska

Injunctions to stop or prevent waste.
Monetary damages for waste and to account for rents and profits.
Partition or sale of property (a court-supervised sale may be ordered when physical division is impractical).
Quiet title actions or other proceedings to enforce or clarify the terms of the deed or will that created the life estate.

To look for Alaska statutes and procedure relevant to partition, real property rights, and actions to protect interests, use the Alaska Legislature’s statutes index at https://www.akleg.gov/basis/statutes/ and search for terms such as “partition,” “real property,” and “actions affecting title.” For court procedure and self-help information, the Alaska Court System’s resources may help: https://www.courts.alaska.gov/ (look under civil self-help and forms).

What you should do next (practical steps)

Obtain and review the deed, will, trust, or court order that created the life estate. The controlling language is in that instrument.
Confirm title and ownership: check the county recorder’s office for recorded documents showing the life estate and remainder interests.
Document the condition of the property: photos, repair estimates, records of any removal or damage, and records of rent collected (if any).
Try communication and negotiation first: request accounting, request repairs, or offer buyout/mediation to avoid costly litigation.
If negotiation fails, consult an Alaska real property attorney about specific remedies: injunctions, partition/sale petitions, accounting claims, or claims for waste.

Helpful Hints

Do not attempt a self-help eviction. Forcible removal, changing locks, or shutting off utilities can create liability and criminal exposure.
Gather all documents showing how the life estate was created (deed language, probate papers, trust documents). These documents often decide who has what rights.
Get an appraisal or a market analysis if you consider seeking sale or partition—courts often need to know value and how interests divide.
Keep detailed records of communications, invoices for repairs, tax payments, and any rent or income from the property.
Consider mediation before filing a lawsuit. Courts often require or encourage alternative dispute resolution for property disputes.
If the life tenant appears to be committing waste (damaging the property or removing valuable fixtures), preserve evidence and consult counsel quickly; some remedies may be time-sensitive.

Where to look for official Alaska resources

Alaska Legislature statutes index: https://www.akleg.gov/basis/statutes/ (search for “partition,” “real property,” or “conveyances”).
Alaska Court System — civil self-help and forms: https://www.courts.alaska.gov/
Local county recorder or land records office for recorded deeds and instruments.

Disclaimer: This article is for general informational purposes only and is not legal advice. I am not a lawyer. Laws vary by situation and change over time. For advice about your specific facts and to protect your legal rights in Alaska, consult a licensed Alaska attorney.