Detailed Answer — Life tenancy and co-owner occupation under Georgia law

Short answer: In Georgia, a person who holds a life estate (a life tenant) generally has the right to possess and use the property for the duration of the life estate. Co-owners who hold future interests (remaindermen) or concurrent ownership interests do not automatically gain the right to force the life tenant out while the life tenant’s interest continues. However, the other owners can pursue remedies: prevent or recover for waste, seek an accounting of rents and profits, ask a court to partition the property or order a sale (with the life estate protected or valued), or seek other equitable relief. Which remedies apply depends on whether the non-occupying owner is a remainderman, a tenant in common, or holds some other legal interest.

What a life estate (life tenancy) means in plain language

A life estate gives one person the right to possess and use a piece of property for the rest of that person’s life. When the life tenant dies (or the life estate ends by other legal means), the property interest passes to the person or people who hold the remainder (remaindermen) or reverts to the grantor, depending on how the deed or will was written.

Who can live on the property?

If someone holds a valid life estate, they have a presumptive right to occupy the property for the life of that estate.
If another person is a co-tenant (for example, a tenant in common) but has no present possessory interest because the life tenant’s right is exclusive, the co-tenant generally cannot forcibly evict the life tenant while the life estate lasts.
If the occupants are co-owners without a life estate (both hold concurrent present interests), then Georgia’s co-tenant rules (including remedies for ouster and partition) apply.

What rights and duties does the life tenant have?

Right to exclusive possession and use during the life estate.
Duty not to commit waste — life tenants generally must avoid damaging or destroying the property in a way that impairs the value of the remainder interest.
Obligation to pay ordinary expenses that arise during possession (this can include ordinary repairs and routine upkeep). Allocation of taxes, major improvements, and mortgage responsibilities can be complex and depends on the written instrument and Georgia law.
Right to collect rents and profits from the property during the life estate unless the deed says otherwise — but the life tenant may owe an accounting to the remaindermen if they wrongfully receive income or deny others lawful income.

What remedies do the non‑occupying co-owners have in Georgia?

Non-occupying owners (remaindermen or other co-owners) have several legal remedies, depending on their precise interest:

Sue to prevent or recover for waste. If the life tenant destroys or neglects the property in a way that damages the remainder interest, the remaindermen can ask a court for damages or injunctive relief.
Accounting for rents and profits. If the life tenant rents the property to others or uses it to produce income, remaindermen can seek an accounting and may be entitled to a share of net income in some situations.
Partition action. A co-owner may ask a Georgia court to partition the property. A partition can be by division (partition in kind) or by sale. A court can order a sale and divide proceeds among owners according to their interests, while recognizing and valuing life estates and future interests. See Georgia Code Title 44 (Property) for statutory rules on partition and related remedies: https://www.legis.ga.gov/legislation/ocga/44
Equitable relief. Courts can issue injunctions, orders to preserve the property, or other remedies tailored to the situation.

What a co-owner should NOT assume

You cannot forcibly evict a legally entitled life tenant simply because you are a co-owner with a future interest.
Do not ignore the situation. Failing to act for a long time can weaken some claims (for example, claims involving accrual of damages or accounting).

Practical steps to protect your rights (what to do first)

Get the deed, trust documents, will, or other writing that created the life estate. Carefully read the language that creates the life estate and any clauses about rents, maintenance, or termination.
Confirm each person’s legal interest: who is the life tenant, who are the remaindermen, and whether any co-owners hold present possessory interests.
Document the condition of the property, repairs, expenses, rental income, and communications between owners. Photographs, receipts, and written correspondence help later claims.
Try to negotiate: offer buyouts, mediation, or a written occupancy agreement that clarifies who pays what while the life tenant occupies the property.
If negotiation fails, consult a Georgia real property attorney about filing for partition, an accounting, or an action for waste or injunctive relief.

How a Georgia court commonly handles a partition when a life estate exists

Courts aim to fairly divide or sell property and distribute proceeds according to each party’s legal interest. If the property is sold, the life tenant’s right to occupy may be preserved (for example, sale subject to the life estate) or the life estate may be assigned a monetary value and the sale proceeds divided accordingly. Ask an attorney to explain how a partition would value a life estate versus a remainder interest in your case. See Georgia Code Title 44 (Property): https://www.legis.ga.gov/legislation/ocga/44

When to hire a lawyer

Contact a Georgia real property attorney if any of the following apply:

The life tenant is damaging the property or allowing serious deterioration.
The life tenant is collecting income from the property and the other owners were promised a share.
Negotiation fails and you need to preserve or enforce your interest (partition, accounting, injunction, or damages).
Title or deed language is unclear and you need a legal interpretation.

Helpful Hints

Gather original documents (deeds, wills, trust documents) first — these control who has what interest.
Take dated photos of property condition and keep receipts for any repairs or payments you make.
Keep conversations with co-owners and occupants in writing when possible. Written offers and refusals help if you go to court.
Consider mediation before filing a lawsuit: courts often encourage or require alternative dispute resolution in property disputes.
Be realistic about cost and timing: partition and waste actions can take months and generate court and attorney costs. A negotiated buyout may be faster and cheaper.
Ask your attorney to explain how Georgia’s partition procedures and equitable remedies would apply to your exact facts: the outcome often turns on the deed language and the specific behavior at issue.
Use the Georgia Code Title 44 page to read the statutory framework for property and partition issues: https://www.legis.ga.gov/legislation/ocga/44

Where to find Georgia statutes

Georgia’s property laws and statutes governing partition and related remedies are located in the Official Code of Georgia Annotated, Title 44 (Property). You can browse Title 44 on the Georgia General Assembly website: https://www.legis.ga.gov/legislation/ocga/44

Disclaimer: This article provides general information about Georgia property law and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Georgia attorney who handles real property and estate interests.