Disclaimer: This is general information, not legal advice. For advice about your specific situation, consult a licensed Iowa attorney.
Detailed Answer
When one owner occupies real property under a life tenancy (a “life estate”) and another person holds a present or future ownership interest, your rights depend on the type of ownership interests each person holds. The following explains the common situations under Iowa property principles and what options the non-occupying owner(s) typically have.
What is a life tenancy (life estate)?
A life tenancy gives a person the right to possess and use the property for the length of that person’s life. At the end of the life tenant’s life, the property passes to the person or persons who hold the remainder interest (the remainderman). Life estates can be created by deed, will, or court order.
Common factual arrangements and the rights that follow
- Life tenant vs. remainderman (future owner): The life tenant has a present right to occupy and use the property during life. The remainderman has a future interest and cannot possess the property while the life tenant lives there. However, remaindermen retain enforceable rights: they can require the life tenant to avoid “waste,” to maintain the property, and to account for any unlawful use or profits beyond ordinary use.
- Co-tenants (tenancy in common or joint tenancy) where one co-tenant has a life estate: If the deed or instrument gives one co-owner a life estate and another co-owner some other interest, the document’s terms control. If co‑tenants hold an undivided interest without a life estate, each co-tenant generally has an equal right to possess the whole property while it is owned concurrently; one co-tenant cannot lawfully exclude the others.
Rights and duties of the life tenant
- Right to possess and use the property during life.
- Duty not to commit “waste” — i.e., the life tenant must not intentionally or negligently damage the property, reduce its value, or permit deterioration beyond normal wear and tear. Waste can be voluntary (destruction), permissive (failure to repair), or ameliorative (making major changes that alter the property’s character without permission).
- Responsibility for ordinary upkeep and maintenance while occupying the property. Depending on the circumstances, the life tenant may be responsible for routine repairs and insurance, but usually not required to make capital improvements that enhance value (unless the instrument creating the life estate says otherwise).
- Obligation to pay property taxes, mortgage payments, or other carrying costs may fall on the life tenant if they are in possession and receiving the benefit of the property; where obligations fall can depend on the deed or agreement creating the life estate.
Rights of the remainderman or non-occupying co-owner
- Ability to bring a court action to stop or remedy waste. If the life tenant damages the property or fails to maintain it, a remainderman can seek injunctive relief or money damages to protect the future interest.
- Right to an accounting or claim to rents and profits if the life tenant has wrongfully taken income from the property (for example, renting the property to others and pocketing all the rental income without accounting to the remainderman when appropriate).
- Right to seek partition in certain situations if the ownership arrangement allows it. Partition forces either a physical division of property (when practical) or a sale and division of proceeds. Whether partition is available and how it applies when a life estate exists depends on the wording of the deed and the court’s assessment.
- When the life estate ends (the life tenant dies), the remainderman generally has the right to possession and can remove any occupant who remains. If the life tenant assigns or transfers the life estate to a third party, that transferee receives the same rights and limitations as the original life tenant.
Practical examples
Example 1: A deed grants Alice a life estate and names Bob as remainderman. Alice lives in and cares for the house. If Alice tears down the home or lets it fall into disrepair, Bob can sue to stop the waste and seek damages because Bob’s future interest will be harmed.
Example 2: Two siblings inherit property as tenants in common. Their deed carves out a life estate to one sibling, who lives in the home. The non-occupying sibling cannot force the occupant out while the life estate exists, but can request accounting for rents if the life tenant rents out portions and can ask the court to require repairs or stop waste. On the occupant’s death the non-occupying sibling will obtain whatever interest the deed reserves.
How to enforce your rights in Iowa
- Gather documentation: deed, will, title report, trust documents, tax notices, insurance policies, repair invoices, photos, and any written communication about the property or life estate.
- Attempt negotiation or mediation first if safe and feasible. A written agreement can clarify who pays taxes, insurance, repairs, or rent-sharing while the life estate exists.
- If negotiation fails, a remainderman or co-owner can pursue court remedies: actions to enjoin waste, claims for damages or an accounting for rents, partition actions (when appropriate), or ejectment after the life estate terminates. Iowa courts handle these actions; the specific remedy depends on the deed and facts.
- Do not try self-help eviction. Removing a life tenant or occupant without a court order can create legal liability.
Where to look in Iowa law and useful references
Iowa follows established property-law principles about life estates, waste, and partition. For primary sources and court procedures, consult the Iowa Code and Iowa Judicial Branch resources:
- Iowa Legislature (Iowa Code): https://www.legis.iowa.gov/
- Iowa Judicial Branch (court procedures and forms): https://www.iowacourts.gov/
Helpful Hints
- Confirm what the deed or will actually says — the exact wording controls. Small differences (“for life,” “until death,” “to A for life then to B”) change rights.
- Keep records: document condition with photos, keep receipts for repairs and taxes, and save communication about the property.
- Ask for a title search or abstract to clarify current ownership and any mortgages, liens, or encumbrances that affect obligations.
- Talk to a real estate attorney experienced in Iowa property and probate matters early. They can explain likely remedies, draft protective agreements, or file necessary court actions.
- Consider mediation for family disputes. Courts can be costly and unpredictable; mediated agreements often preserve relationships and reduce expenses.
- Avoid self-help. Never change locks, remove possessions, or physically exclude an occupant without a court order. That can expose you to tort claims or criminal liability.
If you want specific next steps for your situation (for example: how to calculate rent owed, how to start a partition action, or how to stop waste), an Iowa-licensed attorney can review your deed and facts and advise tailored options.