How ownership interests work in Connecticut

When someone occupies real property, your rights depend on the legal interests each person holds. Common ownership forms include joint tenants, tenants in common, and situations where one person holds a life estate (life tenancy) and another holds the remainder interest. Under Connecticut law, a life tenant generally has the right to possess and use the property during that person’s lifetime. A remainderman (the person who owns the interest that takes effect after the life tenant’s death) and other co-owners have future interests and different remedies if the life tenant abuses or wrongly excludes them.

Possession and exclusion

If the occupant truly holds a life estate, Connecticut law recognizes the life tenant’s right to live in and use the property for life. That means you cannot simply evict the life tenant without a court order. If, however, the occupant has no life estate and is only a co-tenant (for example, a tenant in common), co-tenants each have a right to possess the whole property. One co-tenant who excludes another may be required to account for rents and profits and can be subject to court action.

When the occupant is a life tenant: your main rights and remedies

• Possession: The life tenant has a right to possess and use the property during the life estate. You do not have a right to force immediate possession until the life estate ends (usually at death) unless the life tenant has violated duties.
• Duty to avoid waste: The life tenant must not commit “waste” — that is, they cannot intentionally or negligently damage the property so that its value is substantially reduced for the remainderman. If the life tenant causes waste, a remainderman can bring a court action seeking damages or injunctive relief to stop destructive conduct.
• Repairs and ordinary maintenance: Unless the deed or instrument creating the life estate says otherwise, the life tenant typically must perform ordinary maintenance but is not usually required to make major improvements. Mortgage, tax, or insurance obligations may be allocated by agreement or the court.
• Accounting for rents and profits: If the life tenant rents the property to others or receives income from it, the remainderman may be entitled to a share of net profits depending on the instrument creating the life estate and the circumstances.
• Action for waste or enforcement: A remainderman can sue to stop waste, to seek compensation for damages caused by waste, or to compel the life tenant to maintain insurance, pay taxes, or otherwise protect the remainderman’s future interest.

When the occupant is a co-owner without a life estate

• Right to possession: Co-owners generally each have the right to possess the entire property. One co-owner cannot lawfully exclude others without a court order.
• Accounting and damages: If a co-owner wrongfully excludes another, the excluded co-owner may demand an accounting for rental value or profits and may obtain damages.
• Partition: If co-owners cannot agree on possession, sale, or use, either can file a partition action to force division or sale of the property. Connecticut courts will either divide the land physically (partition in kind) or order a sale and distribute proceeds (partition by sale) if division is impracticable.

Practical steps to protect your rights

1. Confirm the legal interest: Obtain and review the deed, wills, trusts, or court orders that create the life estate or other ownership interests. Records are available from the town clerk where the property is located.
2. Document condition and use: Take dated photos, keep records of expenses, and note any impairments or changes to the property condition or income from the property.
3. Request information and talk: Ask the occupant (preferably in writing) for copies of insurance, proof of taxes paid, and an accounting of rents or profits. A clear letter can sometimes lead to negotiation without court intervention.
4. Consider demand letters and mediation: A formal demand letter or mediation can resolve repairs, payment of expenses, or access without litigation.
5. File appropriate court action if needed: Depending on the facts, you may need to file (a) an action to enjoin waste or seek damages if a life tenant is damaging the property; (b) an action for accounting of rents/profits; (c) a partition action or an ejectment action if the occupant has no lawful life estate. Courts control remedies and possession; you cannot forcibly remove someone yourself.

Connecticut statutes and resources

Connecticut’s laws on property, partition, and related remedies are codified in the Connecticut General Statutes. You can search and read the statutes and find the provisions governing real property and partition on the Connecticut General Assembly website: https://www.cga.ct.gov/. For practical court forms and information about civil actions (including partition), consult the Connecticut Judicial Branch site: https://www.jud.ct.gov/. These sites will help you locate the specific statutory sections or court procedures that apply to your situation.

When to talk to a lawyer

Consider consulting a Connecticut attorney if any of the following apply:

• The occupant claims a life estate but you lack clear documentation;
• The occupant has caused damage, removed fixtures, or made major alterations;
• Significant rent or income is at stake and you suspect misallocation;
• Co-owners cannot agree and you need to explore partition or sale;
• You need help drafting or responding to a demand letter, or preparing a court filing.

Helpful Hints

• Start by getting the deed and any written life-estate instrument or trust document from the town clerk or the party who claims the life tenancy.
• If you are a remainderman, keep receipts and records of payments you make for taxes, mortgage, or repairs; they may affect claims for contribution or credit.
• Do not attempt a self-help eviction. Connecticut law requires court orders for removal of occupants in most cases.
• Ask for a written accounting if the life tenant rents all or part of the property. The law may allow you to recover a portion of net income or to obtain a court accounting.
• Use mediation or settlement negotiations when possible — courts can be slow and litigation costs are often high compared to settlement outcomes.
• Search the Connecticut General Assembly website for terms like “partition,” “life estate,” “waste,” and “ejectment” to find statutory language and subsections relevant to your facts: https://www.cga.ct.gov/.

Disclaimer: This article provides general information about Connecticut property rights and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Connecticut attorney who can analyze the deeds, documents, and facts of your case.