FAQ: What rights do I have when a co-owner is living in the property under a life tenancy and occupying it?

Short answer: If the person occupying the house actually holds a life estate (a legally created life tenancy), that person generally has the right to possess the property for the length of the life estate. If the occupant is a co-owner without a life estate (for example, a tenant in common), every co-owner has an equal right to possess the whole property. Arizona law provides specific remedies when one owner excludes another, wastes the property, or refuses to pay shared costs — including partition actions, accounting for rents or profits, and injunctions. This article explains those differences and the practical steps you can take. This is general information and not legal advice.

What is a life tenancy (life estate)?

A life tenancy, or life estate, is an ownership interest created by deed, will, or court order that gives one person (the life tenant) the right to possess and use real property for the duration of that person’s life. When the life tenant dies, the property passes to the remainderman(s) or reverts to the grantor’s estate per the instrument that created the life estate.

How Arizona law frames these interests

Arizona property law addresses ownership and remedies for co-owners under Title 33 (Property). If you need to review statutes about property rights and ownership forms, see Arizona Revised Statutes, Title 33 (Property): https://www.azleg.gov/arsDetail/?title=33. For court procedures such as partition actions, see Arizona Revised Statutes, Title 12 (Courts and Civil Procedure): https://www.azleg.gov/arsDetail/?title=12.

Key differences: life tenant vs. co-owner (e.g., tenant in common)

Life tenant: Possesses and uses the property during the life tenant’s lifetime. The life tenant must avoid committing “waste” — actions that substantially harm the future interest (remaindermen). The life tenant may collect rents if they lease the property, but may also be responsible for ordinary maintenance and property taxes depending on the deed and local practice.
Co-owner without a life estate (tenant in common or joint tenant): Each co-owner has an equal right to possess the entire property. One co-owner cannot exclude another. Co-owners share rights to rents and have parallel obligations for taxes, maintenance, and mortgages proportional to their ownership interests.

What rights do remaindermen or other co-owners have while the occupant is living there?

If the occupant is a life tenant:

The life tenant generally has the right to occupy and use the property during the life tenant’s lifetime.
Remaindermen cannot evict the life tenant merely because they hold future interests. They can act if the life tenant commits waste (damages the property or substantially reduces its value).
Remaindermen may be able to require the life tenant to pay for repairs, property taxes, or insurance if the life tenant refuses and the failure threatens the remaindermen’s interest — but who pays which costs often depends on the deed, equitable principles, and local practice.

If the occupant is a co-owner without a life estate:

Each co-owner can possess the whole property. One co-owner cannot lawfully exclude another.
If a co-owner excludes others, the excluded owners can sue for possession or seek a partition.
Co-owners share entitlement to rents or profits from the property; if one co-owner occupies and derives profit, the others may seek an accounting.

Common legal remedies in Arizona

Depending on the facts, these remedies may apply:

Quiet title or declaratory relief: If ownership or the type of interest (life estate vs. fee simple) is unclear, a court can declare the parties’ interests.
Partition action: Co-owners who cannot agree may ask the court to divide the property physically or order a sale and split the proceeds. See Arizona court statutes and procedures in Title 12: https://www.azleg.gov/arsDetail/?title=12.
Accounting for rents and profits: If an occupying co-owner collects rents (or unjustly benefits from exclusive possession), other owners may demand a share or an accounting.
Injunction or ejectment: If a co-owner unlawfully excludes others, a court can order possession restored.
Claim for waste: Remaindermen or co-owners can seek compensation or injunctive relief if the occupant commits waste that damages the property.

Practical steps to protect your rights

Obtain and read the deed and any estate planning documents. Confirm whether a life estate appears on the recorded deed or in a recorded will/trust. If a life estate is recorded, the occupant likely has the legal right to possess the property during life.
Search public records. Check the county recorder for deeds and liens. Public records show recorded life estates, deeds, mortgages, and easements.
Document the situation. Keep records of occupancy, rental payments, expenses, repairs, and any threats or exclusionary acts.
Talk to the occupant (carefully). You may resolve issues by agreement: written sharing of expenses, rent payments, or a buyout. Put any agreement in writing and record it if it modifies property interests.
Consider mediation or negotiation. Courts encourage resolving owner disputes outside litigation when possible.
Consult an Arizona attorney. A lawyer can analyze the deed, recommend a filing (quiet title, partition, accounting, injunction), and explain who must pay what costs during litigation.

Questions to ask an attorney

Do I hold a present ownership interest (fee simple, life estate, tenancy in common, joint tenancy)?
Has the life estate been properly created and recorded?
Who is responsible for taxes, insurance, and repairs during occupancy?
Do I have grounds for a partition, accounting, or claim for waste?
What are the likely costs and timeline for court action in Arizona?

Helpful Hints

Start by pulling the recorded deed at the county recorder’s office. That often answers whether a life estate exists.
Even if an occupant has a life estate, remaindermen can still protect the property from waste and demand reasonable maintenance.
Partition actions can take months and involve sale of the property; weigh costs before filing suit.
Written agreements among owners (who pays what and on what schedule) reduce disputes and are often enforceable contractually even if they do not change title.
Collect and save bills, receipts, photos, and written communications. These records strengthen claims for accounting or waste.
Use free or low-cost legal resources if cost is a concern: Arizona courts and local legal aid organizations offer self-help resources. See the Arizona Judicial Branch self-service pages: https://www.azcourts.gov/selfservice/.

Final notes and disclaimer

Property rights depend on the exact language of deeds, wills, trusts, and recorded instruments. The remedies and obligations described above vary with the facts and documentation. This article offers general information about Arizona property law only and does not constitute legal advice. For advice tailored to your situation, consult a licensed Arizona attorney.