Maryland: Rights When a Co-Owner Holds a Life Tenancy and Occupies the Property | Maryland Partition Actions

Detailed Answer — How possession and rights work when a co-owner holds a life tenancy in Maryland

When someone owns a life estate (a “life tenant”) in real property, Maryland law generally gives that person the right to possess and use the property for the duration of the life estate. People who hold the future interest (often called remainderholders or reversioners) do not get possession while the life tenant is living. That basic rule shapes what you can and cannot do if a co-owner with a life tenancy is occupying the property.

Key legal points (plain language)

The life tenant normally has exclusive possession during the life of the estate. Co-owners who hold a future interest cannot forcibly remove the life tenant or take over possession without a court order.
The life tenant must avoid “waste.” Waste means damaging the property, allowing it to fall into serious disrepair, removing valuable fixtures, or committing acts that substantially reduce its value. Remainderholders can sue in court to stop or remedy waste.
The life tenant generally is entitled to the rents, profits, and use of the property during the life estate, unless the deed or agreement says otherwise.
If the life tenant rents the property to a third party, the life tenant generally collects the rent; the remainderholder may have a claim if the life tenant misapplies rent due to waste or breach of fiduciary duties.
Co-owners with future interests can bring certain court actions — for example, an action to prevent waste, to obtain accounting of rents/profits, or to seek a court determination of rights (declaratory judgment). In some circumstances a partition action may be available, but partition cannot cut short a life estate’s possessory rights while the life tenant lives.

Maryland statutes and court resources

Maryland law governing estates and property rights appears in the Maryland Code, Real Property Article. For an entry point to the statutory text, see the Maryland General Assembly code site: Maryland Code — Real Property. For procedural information about disputes in Maryland courts and self-help resources, see the Maryland Judiciary legal help pages: Maryland Courts — Legal Help and the landlord/tenant and civil actions pages where eviction, partition, and related procedures are discussed: Landlord & Tenant and Eviction information.

Common remedies that a non-possessing co-owner (remainderholder) can pursue in Maryland

Action to enjoin or remedy waste: Ask the court to order repairs, stop destructive conduct, or award damages for deterioration caused by the life tenant.
Accounting for rents/profits: If the life tenant has collected rent or profited from the property in a way that breaches obligations, a remainderholder can seek an accounting in court.
Declaratory judgment: Obtain a court ruling clarifying who has which rights under the deed or agreement.
Partition actions: Co-owners generally can ask a court to partition property they own in common. But a partition cannot strip a life tenant of the right to possess during the life estate. Courts may order a partition of interests or a sale that respects the life estate. Check Maryland court rules and case law for how partition is handled in life-estate contexts.
Emergency remedies: If the occupant is committing crimes, creating an immediate hazard, or otherwise engaging in unlawful activity, law enforcement may intervene for criminal or public-safety reasons. Civil removal still generally requires a court process.

Practical examples (hypothetical situations and likely outcomes)

Example 1 — A life tenant lives in the house and pays property taxes and ordinary upkeep. The remainderholder generally has no right to force the life tenant to move out while the life estate exists.

Example 2 — A life tenant removes the copper plumbing and essential fixtures and sells them. The remainderholder can sue for waste and seek damages or an order to restore the property.

Example 3 — A life tenant rents the whole house to a third party and pockets the rent but refuses to maintain the property, leading to serious deterioration. The remainderholder can seek an accounting of rents and ask the court to order repairs or damages for waste.

What to do first if you are a co-owner with a future interest

Review title documents and the deed carefully to confirm the exact language of the life estate and any limitations.
Document the condition of the property: take dated photos, keep records of communications, and collect evidence of any waste, illegal activity, or contract breaches.
Try to communicate: a written demand letter outlining your concerns and requesting repairs or compliance can sometimes resolve matters without court intervention.
If immediate harm or criminal activity exists, contact local law enforcement for public-safety issues.
Consult a Maryland attorney who handles real property and estate litigation to learn the best strategy for injunctions, accounting, partition, or actions for waste. An attorney can evaluate the deed, possible affirmative defenses, and the likely outcomes in Maryland courts.

Important note: Actions and outcomes depend heavily on the deed’s specific language, any written agreements between co-owners, and the facts (for example, who pays taxes, who insures the property, and what steps, if any, the life tenant has taken that might constitute waste). Courts weigh those facts under Maryland law when deciding disputes.

Helpful Hints

Collect the deed and any wills, trust documents, or settlement agreements. These often control more than general rules.
Identify whether the life tenant is also paying property taxes, insurance, and ordinary maintenance. Failure to pay taxes can lead to tax sale or liens that affect all owners.
Keep careful records of repairs you pay for and communications you send; those records help in accounting or damage claims.
Do not attempt a self-help eviction (changing locks, removing possessions) — that can expose you to criminal and civil liability in Maryland.
If the situation involves criminal conduct or imminent danger, contact emergency services immediately; civil remedies take time.
Ask about mediation. Maryland courts encourage alternative dispute resolution for many property disputes and it can be faster and cheaper than litigation.
Understand timing: some remedies (like actions for waste or partition issues) may require prompt action to preserve evidence and claims; consult an attorney early.

Sources and resources: Maryland Code — Real Property (Maryland General Assembly): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=real. Maryland Judiciary legal help and civil/landlord-tenant pages: https://www.courts.state.md.us/legalhelp and https://www.courts.state.md.us/legalhelp/landlordtenant. These are good starting points; a lawyer can point to the exact statutes or cases that most directly apply to your facts.

Disclaimer: This information is educational only and does not constitute legal advice. It is not a substitute for consulting a licensed Maryland attorney about your specific situation.