Life Tenancy and Co-Owner Rights in Arkansas

Detailed Answer

What is a life tenancy?
A life tenancy (life estate) is an ownership interest that gives a person (the life tenant) the right to possess and use property during that person’s life. When the life tenant dies, the property typically passes to the remainderman or remaindermen (the holders of the future interest).

Who has the right to possess the property now?
The life tenant has the present right to possess and use the property for the duration of the life estate. A co-owner who holds only a remainder (future) interest generally cannot force the life tenant out while the life estate exists.

Duties and limits on the life tenant’s use
A life tenant’s possession is not unlimited. Key limits include:

• No waste: The life tenant must not commit “waste.” Waste includes deliberate destruction or substantial alterations that reduce the property’s value (voluntary waste) and failure to maintain the property so that it deteriorates (permissive waste). The remainderman may sue to stop waste or seek damages.
• Financial responsibilities: Depending on the deed or agreement, the life tenant often must pay property taxes, insurance, and ordinary maintenance. If the deed allocates obligations differently, the written instrument controls.
• Profits and rentals: If the life tenant rents the property or otherwise profits from it, the life tenant usually keeps the ordinary rents and profits during the life estate, unless the deed or a court orders otherwise. Extraordinary exploitation (mining, permanent depletion of natural resources) can create liability.

What can the remainderman (co-owner with future interest) do now?
The remainderman’s rights while the life estate exists are mainly remedies to protect the future interest:

• Sue to prevent or remedy waste: The remainderman may seek an injunction or damages if the life tenant commits waste.
• Accounting and claims for unusual profits: If the life tenant engages in extraordinary uses that generate profit (beyond ordinary rental income), the remainderman may have claims for an accounting or a share of the proceeds.
• Enforce deed terms: If the life estate was created by deed or court order, the remainderman may enforce conditions or obligations written into that instrument.
• Partition and sale: The availability of partition or forced sale depends on the nature of the interests and Arkansas law. Because the life tenant has present possession, courts may treat partition requests differently than typical concurrent-ownership partitions. Seek local counsel early to explore whether a partition in kind or sale subject to the life estate is available under Arkansas law.

Can the remainderman evict the life tenant?
Generally no — the life tenant’s legal right to possession during the life estate prevents simple eviction by the remainderman. Eviction may be possible only if the life tenant breaches specific conditions in the deed (for example, a condition subsequent that terminates the life estate) or if the life tenant abandons the property. If the life tenant holds over under a lease or lets trespassers remain, eviction remedies are fact-specific and often require court action.

Does Arkansas law allow adverse possession or a co-tenant to gain title by staying in possession?
Adverse possession rules vary, but typically a co-owner in possession does not acquire title adverse to another co-owner simply by occupying shared property. To raise a successful adverse-possession claim against a co-owner, possession must usually be hostile, exclusive, continuous, and meet statutory time periods. Co-occupancy and recognized life estates generally defeat a hostile-possession claim between co-owners. See Arkansas statutes on limitations and adverse possession in the Arkansas Code (Title 16 is the sections that govern statutes of limitation and adverse-possession timing; Title 18 covers real property topics): Ark. Code Title 16 and Ark. Code Title 18.

What about partition, sale, or buyout?
Co-owners who cannot agree sometimes seek partition (division or sale) of the property. Whether a partition action can extinguish or alter a life estate depends on the exact legal interests involved and Arkansas practice. Courts may order a sale and divide proceeds among interest holders (with adjustments for the life estate’s value), or they may allocate physical portions. Partition law is complex; review of the deed and a consultation with an Arkansas real-property attorney is advised. See Arkansas statutes governing partition and related remedies in the Arkansas Code: Title 18 – Real and Personal Property.

Practical steps a remainderman can take now
– Document occupancy, condition, and any repairs or damage.
– Review the deed or instrument that created the life estate to see rights and duties spelled out in writing.
– Communicate in writing with the life tenant about maintenance, taxes, rental income, and access.
– Consider mediation or settlement to avoid costly litigation.
– If you suspect waste or other violations, consult an Arkansas real-estate attorney promptly to discuss injunctions, accounting, or other remedies.

How to start if you want court relief
Common court remedies include: injunctions to stop waste, actions for damages for waste, partition or sale proceedings (if available), and petitions to enforce deed conditions. Timeliness matters; statutes of limitation and procedural rules in Arkansas affect what you can pursue. See Arkansas statutory collections for civil procedure and remedies at Ark. Code Title 16.

Bottom line
If a co-owner occupies property under a life tenancy in Arkansas, that person generally has the present right to possess and use the property. The remainderman retains a future ownership interest and remedies to prevent waste or enforce deed terms but usually cannot simply evict the life tenant while the life estate is valid. Practical relief often requires court action and careful review of the deed and Arkansas law.

Helpful Hints

• Locate and read the deed or instrument that created the life estate first—its language often controls the parties’ rights.
• Keep a written record and photographs of the property condition, repairs, and communications with the life tenant.
• Ask whether the life tenant carries insurance and pays taxes; request copies of receipts if disputes arise.
• Consider a neutral appraisal to establish the property’s fair market value and the life estate’s present value for negotiation or court use.
• Use written communications (email or certified mail) to create a paper trail if you later need to show notice, demands, or warnings.
• Consider mediation or negotiation before filing suit—courts often encourage settlement of co-ownership disputes.
• Act promptly if you see waste or unauthorized major changes; courts may grant injunctions to prevent irreversible harm.
• Consult a local Arkansas real-property attorney to review your deed and discuss remedies such as injunctions, accounting, or partition and sale.
• If you need statutes or court forms, start at the Arkansas legislature site: https://www.arkleg.state.ar.us/