Florida: What Are Your Rights When a Co-Owner (Life Tenant) Lives in the Property? | Florida Partition Actions

Detailed Answer — Understanding life tenancy, co-ownership, and possession under Florida law

When one co-owner has a life estate (is the life tenant) and occupies the property, Florida law treats that person’s right to possess and use the property differently from someone who only holds a future interest (a remainderman or reversioner). Below is a plain-language explanation of what the life tenant may do, what the other co-owner(s) can expect, and what legal steps are commonly available.

Key legal concepts you should know

Life estate / life tenant: A life estate gives a person the right to possess and use the property during that person’s life. The right is usually created by deed or will. The life tenant’s right is possessory for the duration of the life estate.
Remainderman (future interest): A person who holds the remainder interest receives ownership when the life estate ends (usually at the death of the life tenant). Until then, the remainderman has an ownership interest but not the right to possess the property.
Possession rules: A life tenant generally has the exclusive right to possess the property during the life estate. A remainderman cannot force immediate possession while the life estate continues, except as allowed by court order in specific circumstances.

What a life tenant can and cannot do

The life tenant may live in and use the property and may usually collect rents if they lease it to a third party.
The life tenant must avoid “waste.” Waste is behavior that destroys, significantly harms, or devalues the property (voluntary, permissive, or ameliorative waste). Life tenants generally may make ordinary repairs and ordinary improvements, but cannot commit acts that permanently damage the property or strip valuable assets without permission.
The life tenant typically is responsible for ordinary maintenance, repairs, and routine taxes and insurance to preserve the property during the life estate. If the life tenant fails to pay taxes or mortgage interest and the property is endangered, the remainderman may have remedies to protect the estate.

What the remainderman (co-owner without the life estate) can do

Remaindermen have a protected future interest. They cannot usually demand physical possession until the life tenant’s interest ends. They should not attempt self-help eviction, lockout, or unauthorized entry; such acts risk legal exposure.
Remaindermen can seek court remedies if the life tenant commits waste, mismanages the property, or otherwise injures the value of the remainderman’s future interest. Remedies may include injunctions, damages, or orders requiring repairs or accounting for rents and profits.
The remainderman may ask a court for partition or other equitable relief. Florida law provides procedures for partition and other actions when multiple parties have interests in real property. See Florida’s partition statutes for details on who may file and how a court may divide or order sale of property: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0064/0064PART.html

Partition and sale — can you force a sale while a life estate exists?

Florida’s partition statutes allow a person with an estate or interest in real property to seek partition. A remainderman or co-owner may file a partition action even though a life estate exists, but the court will account for all interests (the life tenant’s possessory interest and the remainderman’s future interest) when dividing value. The court may:

Order partition in kind (divide the property physically) if practical;
Order a sale and distribute proceeds according to the parties’ respective interests (the life tenant’s interest is a present life interest in the asset and will be valued accordingly); or
Make other equitable adjustments, including assigning cash payments or credits to reflect the life tenant’s occupancy or expenses.

See Florida’s partition statute for procedural rules: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0064/0064PART.html

Rents, profits, and accounting

If the life tenant rents the property to others, a remainderman can often seek an accounting. Courts can award the remainderman a fair share of rents and profits after deducting necessary expenses paid by the life tenant (such as repairs, taxes, insurance). The exact result depends on the facts and equitable principles applied by the court.

Recording, title, and verifying the life estate

To determine your rights you should inspect the deed or will that created the life estate. Proper recording of deeds is important in Florida. You can review conveyances at the Florida statutes site for guidance on recording and deeds: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0689/0689.html. If the life estate was created by will or by probate distribution, consult Florida probate provisions: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

Common examples (hypotheticals)

Example 1 — Life tenant who lives there: Anna holds a life estate by deed and lives on the property. Ben holds the remainder. Anna may live there for life. Ben cannot force Anna to move out now, but if Anna damages the property or refuses to pay taxes, Ben can sue for waste or other equitable relief.
Example 2 — Co-owner without life estate excluded: Carl is a co-owner without a life estate and is locked out by Dana, a co-owner living on the property. Carl should not attempt self-help. He can seek a court order for partition, damages, or an accounting, depending on titles and interests.

Practical limits and special topics

Homestead issues: If the life tenant is living in a property that qualifies as a Florida homestead, that creates additional protections and restrictions under the Florida Constitution. Homestead can affect creditors’ rights and forced sale, and it can complicate partition or sale. Consult an attorney when homestead might apply.
Mortgages and liens: A life estate does not eliminate existing mortgages or liens. If taxes or mortgage payments lapse, a foreclosure could threaten both the life tenant’s and the remainderman’s interests.

Helpful Hints

Start by collecting documents: get the deed, any wills, mortgage records, tax bills, and insurance policies.
Obtain a title search or abstract to confirm how the life estate was created and whether it was recorded.
Do not attempt to evict or lock out the life tenant by yourself. Avoid self-help; it can lead to criminal or civil liability.
Document any alleged waste or neglect (photos, repair estimates, invoices, written notices).
Ask for an accounting in writing if the life tenant is collecting rents or otherwise using the property for income.
Consider mediation or negotiation to divide responsibilities (taxes, repairs, rental income sharing) before filing a lawsuit.
If you file suit, a partition action is one option; another is a suit in equity to stop waste or require an accounting. See Florida’s partition laws for procedural details: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0064/0064PART.html
Talk to a Florida real property attorney early. An attorney can explain whether homestead rules apply, calculate life-interest values, and advise whether partition, injunction, or an accounting is the best approach.