Short answer: In Minnesota, a person who holds a life estate generally keeps the right to possess and live in the property for the duration of the life estate. A partition action by co-owners does not automatically evict a life tenant. However, a court hearing a partition can order a physical division (partition in kind) or a sale of the property if division is impractical. Courts can also issue temporary orders affecting possession, require accounting for rents and expenses, or approve buyouts. The exact outcome depends on the deed, the recorded life-estate terms, and the court’s equitable powers under Minnesota law.
Detailed Answer — what to expect under Minnesota law
1. Nature of a life estate and possession rights
A life tenant (sometimes called a life estate holder) receives the right to possess and use the property for the lifetime specified in the deed, will, or trust. That right typically continues even if other co-owners hold remainder or reversion interests. The life tenant’s right of possession is real and enforceable against future owners during the life estate.
2. Partition actions and available remedies
Co-owners (including remainder persons) can sue for partition to end co-ownership. Under Minnesota law, courts prefer partition in kind (physically dividing the land) when fair and practicable. If the property cannot be fairly divided, the court may order a sale and divide the proceeds among the owners according to their interests. See Minnesota partition law, Chapter 558, for statutory rules and procedures: https://www.revisor.mn.gov/statutes/cite/558
3. How a partition action affects a life tenant’s occupancy
- Presumption of continued possession: A life tenant generally may remain in possession during the life estate unless the court orders otherwise. The life tenant does not automatically lose occupancy simply because someone files a partition action.
- Court discretion: The court can order provisional measures as part of the partition proceeding. If immediate actions are necessary to protect property value or prevent waste, a court may limit occupancy, appoint a receiver, or grant other equitable relief. For example, if the life tenant is committing waste or damaging the property, the court can act to stop that conduct.
- Partition by sale: If the court orders sale, the buyer at sale will eventually receive possession. The court may arrange the timing of sale and distribution so that the life tenant’s rights are accounted for (for example, by adjusting the division of proceeds to reflect the life estate).
4. How proceeds and interests are handled
When a sale occurs, courts allocate sale proceeds by converting present interests into cash values. The life estate is given a present value, and the remainder (or reversion) gets its share. Courts may account for the life tenant’s use of the property by crediting the life tenant for occupancy or charging the life tenant for rents, taxes, mortgage payments, or repairs, depending on the circumstances and equitable considerations.
5. What the life tenant should do during a partition action
- Document the life-estate instrument (deed, will, or trust) and ensure it is recorded.
- Attend court hearings and respond to the partition complaint. Failing to participate can lead to unfavorable orders.
- Ask the court for temporary relief if a cotenant tries to evict you outside the court process. A properly filed partition action does not give a cotenant immediate self-help to force you out.
- Preserve the property condition. Avoid waste (intentional damage or neglect), and keep records of repairs, taxes, and expenses you pay.
- Consider negotiating a buyout with the co-owners. Some partition cases resolve by sale to one owner or by buying out other owners’ interests, which can allow the life tenant to remain if they can purchase the remainder interest.
Relevant Minnesota statutory resource
Partition procedures and court powers are found in Minnesota’s statutes governing partition actions. For the statutory framework, see: https://www.revisor.mn.gov/statutes/cite/558
Practical examples
Example A — Partition in kind possible: Three siblings own a large parcel. One sibling holds a recorded life estate. The court finds the parcel divisible without unfairness and orders a partition in kind. The life tenant gets the portion that corresponds to the life estate and continues living there.
Example B — Sale ordered: A life tenant holds a life estate in a single-family house that cannot be fairly divided. The court orders sale and divides proceeds after valuing the life estate and remainders. The life tenant’s use is charged/accounted for according to the court’s order.
When to get help from an attorney
Partition and life-estate disputes combine property law and complex court procedures. Talk with a Minnesota real property attorney if:
- Someone is trying to evict you without a court order.
- You received a summons or complaint for partition.
- There is a dispute about who owns the life estate or about the deed’s language.
- The property is at risk of waste, or co-owners refuse to maintain the property or pay taxes.
An attorney can help you file responsive pleadings, ask the court for interim protections (such as a temporary injunction or appointment of a receiver), negotiate buyouts, and explain how the court will value the life estate.
Helpful Hints
- Keep the recorded deed, trust, or will that created the life estate in a safe place and bring a copy to any court hearing.
- Do not try to self-enforce an eviction or lock out other co-owners; use the court process.
- Pay property taxes and maintain insurance — failure to do so can hurt your position and invite court intervention.
- Log repairs, maintenance, and any money you spend on the property; courts use records when allocating costs or credits.
- Respond promptly to court papers and attend hearings; missing deadlines can forfeit rights.
- Consider mediation or settlement discussions early; partition litigation is often costly and unpredictable.
Disclaimer: This article explains general principles of Minnesota property law and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Minnesota attorney.