The Short Answer

In Florida, a life tenant (the person holding a life estate) is generally responsible for the property’s day-to-day upkeep and “ordinary” carrying costs during the life estate. Major, non-routine costs—like extraordinary repairs and certain title-related or environmental expenses—are often allocated to the remainderman (the person who takes after the life estate ends), unless the deed, will, trust, or an agreement says otherwise.

What Florida Law Says

Florida law recognizes that a life estate splits ownership into two interests: the life tenant’s right to use the property during their lifetime, and the remainderman’s right to receive the property afterward. When no trust governs the arrangement, Florida provides a statutory framework for allocating property expenses between the life tenant and the remainderman, including who pays for ordinary repairs, taxes, insurance, and major repairs.

The Statute

The primary law governing this issue is Fla. Stat. § 738.508.

This statute establishes that, if a trust has not been created, the life tenant generally pays ordinary expenses (including ordinary repairs, recurring property taxes, and recurring insurance premiums), while the remainderman generally pays principal on secured debt, extraordinary repairs, and certain proceedings or environmental-related expenses—subject to the instrument creating the interests or an agreement of the parties.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Disputes over reimbursement, waste, or responsibility for major repairs often become urgent when a sale, refinancing, insurance claim, or estate administration is underway—waiting can reduce options and increase costs.
• Burden of Proof: It can be difficult to prove whether a cost is an “ordinary repair” versus an “extraordinary repair,” or whether an expense primarily benefited the life tenant’s use versus preserving the property for the remainderman.
• Exceptions: The deed, will, trust, or a written agreement can override the default statutory allocation, and Florida law also recognizes supplemental common-law rules between life tenants and remaindermen. Determining what controls in your case requires careful document review.

Trying to handle this alone can lead to avoidable conflict, unreimbursed expenses, or claims that the property was not properly preserved.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.