Understanding Your Rights When a Co-Owner Lives on Shared Property as a Life Tenant (Mississippi)

Quick overview: If one co-owner holds a life estate (a “life tenant”) and is living in the property, that person generally has the legal right to possess and use the property during the term of the life estate. Other co-owners who hold a future interest (remaindermen or reversioners) have different rights: they cannot normally evict the life tenant, but they can protect their future interest from waste, recover certain rents or profits in some situations, and seek a court-ordered partition or sale in equity. The exact remedies and procedures depend on the deed, trust, or court orders that created the life estate and on Mississippi law and procedure.

Disclaimer

This is general information only and is not legal advice. It does not create an attorney-client relationship. For advice about your exact situation, consult a licensed Mississippi attorney who handles real estate and estate matters.

Detailed answer — what the typical rights and remedies are under Mississippi law

1. What a life tenant generally may do

Possession and use: A life tenant typically has the exclusive right to possess and use the property for the length of the life estate. That includes living on the property and excluding others, subject to the terms of the instrument that created the life estate.
Collect income from the property: The life tenant may collect rents or profits that naturally arise from the property, unless the life-estate instrument or an agreement says otherwise.
Limitations on alienation: A life tenant can usually convey or lease only the life estate (not the remaindermen’s future interest). A sale by the life tenant transfers only the life estate, not the remainder.

2. What remaindermen / other co-owners generally may do

No immediate right to possession: Persons who hold a remainder or reversion typically cannot evict a properly constituted life tenant while the life tenancy continues.
Protection against waste: Remaindermen can sue to stop or remedy “waste.” Waste includes voluntary destruction or removal of fixtures, willful damage, neglect that causes deterioration, or substantial changes that harm the future interest. A court can order repairs, damages, or injunctions to stop waste.
Accounting for wrongful profits: If a life tenant misappropriates rents or otherwise wrongfully seizes income that belongs to co-owners, a court may order an accounting and repayment for wrongful profits.
Partition or sale in equity: Remaindermen may be able to ask a court to partition the property or order a sale and division of proceeds. Courts balance the life tenant’s right of possession against the remnant owners’ interests and may order a sale rather than a physical division if division is impractical.
Contribution and liabilities: Parties who benefit from the property may be responsible for their shares of property taxes, assessments, mortgage payments, or necessary repairs, depending on agreements and the circumstances. A court can resolve disputes about contribution.

3. Practical remedies you can pursue in Mississippi

Demand letter / negotiation: Start by requesting a copy of the deed/estate document that creates the life estate. Try a written demand for compliance with the life-estate terms or for mediation.
File for injunctive relief: If the life tenant threatens or commits waste, you can seek a temporary injunction to stop immediate harm while the court resolves the dispute.
Action for waste or damages: You can sue for damages caused by waste or neglect and for the costs to repair or restore the property.
Partition action: If co-owners cannot agree, file a partition action in chancery/circuit court. The court can divide the property (partition in kind), or order a sale and divide the proceeds, taking the life estate into account.
Accountings and rents: If the life tenant is unlawfully retaining rents or profits that should go to co-owners, a court can order an accounting and payment of owed sums.

4. Factors Mississippi courts consider

How the life estate was created: deed, will, trust, or court order and the precise language used.
Whether the life tenant has committed waste or is simply occupying and maintaining the property.
Whether the life tenant is paying taxes, insurance, and necessary repairs.
Practicality of partition in kind versus sale. Courts often favor a fair economic result that protects future interests while recognizing a life tenant’s possession rights.

Procedural pointers and where to find Mississippi law

Procedures for seeking partition, injunctions, and other relief are handled in Mississippi state courts. For statutes and procedural rules, consult the Mississippi Code and local court rules. The Mississippi Legislature’s official website provides searchable access to the state code and can help you locate statutes on partition, injunctions, and property law: https://www.mslegislature.gov/.

Common scenarios and how the law usually applies

Scenario A: Life tenant occupies and maintains the property

If the life tenant lives there, pays taxes and reasonable upkeep, and does not alter or remove major fixtures, courts generally allow them to remain in possession. Remaindermen usually must wait until the life estate ends to take possession.

Scenario B: Life tenant commits waste or abandons property

If the life tenant damages the property, removes built-in fixtures, or neglects the property so it deteriorates, remaindermen can seek injunctive relief and damages. If the life tenant abandons the property and stops paying taxes, remaindermen may be able to step in to protect the value of the remainder interest.

Scenario C: Co-owner without life estate is excluded from possession

If a co-tenant without a possessory life estate is being excluded, whether they are owed rent or can demand possession depends on whether they were lawfully ousted and on the specific co-ownership arrangement. A partition action or an accounting for rents might be appropriate.

Helpful Hints

Locate the instrument that created the life estate (deed, will, trust, or court order). That document controls many rights and limits.
Document everything: photos of the property, receipts for repairs or taxes, communications with the life tenant, and any incidents of waste.
Check payment of property taxes and mortgage—if taxes go unpaid, act quickly to avoid tax sale or loss of value to the remainder interest.
Consider mediation before filing suit. Courts often allow the life tenant to remain while the case proceeds, so early negotiation can protect value and avoid long litigation.
Ask whether the life tenant has insurance and whether the co-owners are named on relevant policies.
If you suspect waste or large unauthorized changes, seek emergency injunctive relief from a Mississippi court to prevent irreversible harm.
Find a Mississippi real estate or probate/estate attorney if you need to file for partition, injunction, or an accounting. Bring deeds, title documents, tax records, and maintenance records to your first meeting.

Next steps

Start by obtaining and reviewing the deed or trust language that created the life estate. If you cannot find it, check the county land records. If the life tenant seems to be harming the property or wrongfully excluding other owners, contact a Mississippi attorney to discuss whether an injunction, partition action, or lawsuit for waste is appropriate.

For Mississippi statutes and to research statutory procedures yourself, visit the Mississippi Legislature’s site: https://www.mslegislature.gov/. A licensed attorney can point you to the specific statutes and procedural rules that apply to your case.