Short answer

If a co-owner occupies the property as a life tenant in Massachusetts, that person generally has the legal right to possession and exclusive use for the length of the life estate. Other co-owners (remaindermen or reversioners) keep future ownership interests but usually cannot force the life tenant off the property while the life estate exists. Remaindermen do, however, have remedies for waste, failure to pay property taxes, failure to insure, and they can seek partition or an accounting of rents and profits in some circumstances.

Detailed answer — what this means under Massachusetts law

What is a life tenancy (life estate)?

A life tenancy (or life estate) is a present interest in land that lasts for the life of the named life tenant. At the end of that life interest, ownership passes to a designated remainderman or reverts to a grantor or the grantor’s heirs. A properly created life estate gives the life tenant the right to occupy and use the property during the life estate.

Who gets to live in the property?

The life tenant has the primary right to occupy and possess the property during the life estate. Co-owners who are not life tenants but hold future interests (remaindermen) cannot generally demand possession until the life estate ends.

What can a life tenant do and what can’t they do?

Common rights of a life tenant:

• Possession and exclusive use of the property during the life estate.
• Right to benefit from ordinary uses of the property, including collecting rents if the property is leased (unless the life estate instrument limits that right).
• Right to make ordinary repairs and maintain the property.

Common limitations on a life tenant (things they may not do):

• Commit “waste.” Waste is conduct that unreasonably depletes or damages the property and injures the interest of the remainderman. Waste may be voluntary (destructive acts), permissive (failure to maintain), or ameliorative (alterations that change the property’s character without consent).
• Sell or otherwise dispose of the property in a way that permanently destroys the remainderman’s future interest (except to the extent allowed by the life estate instrument or by agreement).
• Leave unpaid property taxes or insurance obligations that endanger the whole estate — the life tenant often must pay ordinary taxes and necessary expenses; otherwise remaindermen may step in to protect their interest.

What rights do the remaindermen (other co-owners) have?

Remaindermen or other co-owners with future interests retain several important rights:

• Right to enforce against waste. They can ask a court to stop destructive behavior and to order repairs or damages.
• Right to an accounting of rents and profits if the life tenant improperly takes income belonging to the estate.
• Right to protect the property if the life tenant fails to pay taxes, insurance, or to maintain the property in a way that endangers the property. In some cases, remaindermen can pay these costs and seek reimbursement.
• Right to seek partition in certain circumstances. Partition may split the property physically or order a sale and divide proceeds among owners according to their interests. (See Massachusetts statutes and court rules on partition for procedures.)

Can a remainderman evict a life tenant?

Generally, no. A life tenant lawfully entitled to possession cannot be forcibly evicted by a remainderman while the life estate exists. If the life tenant wrongfully refuses to vacate after a lawful termination of the life estate, eviction remedies apply. If the life tenant violates terms (for example by committing waste), the remainderman can seek injunctive relief and damages but not a simple summary-process eviction while the life estate remains.

Partition actions and forced sale

A co-owner with a present or future interest may file a partition action to divide or sell the property and distribute proceeds. A court will consider the form of co-ownership and the effect of the life estate when deciding whether and how to partition. Partition can be complex if a life tenancy exists because the life tenant’s possessory rights must be accounted for in any division or sale.

For information on the statutory partition process in Massachusetts, see the Massachusetts General Laws and the Massachusetts court rules (search the General Laws and local court rules at the Massachusetts Legislature site: https://malegislature.gov/Laws/GeneralLaws).

Practical remedies a remainderman can pursue

• File for an injunction to stop or repair waste and to protect the estate.
• Seek an accounting of rents and profits if the life tenant improperly collects income from the property.
• Pay necessary taxes or insurance to protect the estate, then seek reimbursement or a court order allocating those costs.
• File a partition action to divide or sell the property, with the court considering the life tenant’s right to occupy.
• Negotiate a buyout or a written agreement that clarifies use, maintenance, and cost-sharing.

What about leases, mortgages, and improvements?

If a life tenant leases the property, the life tenant can usually enter short-term leases for income, but long-term leases that impair the remainderman’s interest may be restricted. Mortgages placed on the property by the life tenant can be risky: a life tenant generally can borrow using their interest, but creditors may have limited recovery that respects the future interests. Major alterations that change the property substantially may expose the life tenant to claims for waste.

Evidence and documents you should gather

• Deed(s) and any documents creating the life estate (the instrument that grants the life estate or a will that creates it).
• Title report or chain of title to show present and future interests.
• Lease agreements, if any.
• Records of property tax payments, insurance, major repairs, and communications about the property.
• Photographs or inspections showing alleged waste or damage.

Where to look in Massachusetts law and court resources

Massachusetts general laws and court forms explain partition and civil remedies. The state legislature’s General Laws site is a primary source: https://malegislature.gov/Laws/GeneralLaws. For procedural and court-specific information (for example, Land Court) see the Massachusetts courts and Land Court pages on Mass.gov: https://www.mass.gov/orgs/land-court.

When to get an attorney

Consider speaking with an attorney if any of the following apply:

• The life tenant is committing or allowing waste that damages the property.
• The life tenant refuses to pay property taxes or maintain insurance and the property is at risk.
• You need to force a sale or partition or want to buy out the life tenant’s interest.
• The parties cannot reach agreement about leasing, rents, repairs, or major improvements.

An attorney can help evaluate title documents, advise on the strength of a waste claim, prepare and file a partition action if appropriate, and negotiate settlements.

Helpful Hints

• Document everything. Keep copies of deeds, written communications, receipts for taxes and repairs, and photos of the property condition.
• Read the instrument that created the life estate carefully. It may limit what the life tenant or remainderman can do.
• Talk first. Many disputes resolve by written agreement: cost sharing, schedules for repairs, or buyout terms for the life tenant’s interest.
• If you act to protect the property (e.g., pay taxes), get formal accounting and a court order if necessary to secure reimbursement.
• Consider valuation early. If you plan to partition or buy out an interest, get a professional appraisal so parties negotiate from the same data.
• Know the forum. Partition cases and claims about title often go to the Land Court in Massachusetts; other disputes may go to a Superior Court or Housing Court depending on the issue.
• Don’t attempt “self-help” eviction. Trying to lock out or force a life tenant out can result in legal penalties. Use court processes instead.