Short answer

Under Montana law, a person who holds a life tenancy (a life estate) generally has the right to possess and use the property for the length of that person’s life. The co‑owner who holds the remainder (the remainderman) retains a future ownership interest and has rights to protect the property against waste, to require payment of certain costs, and to force a partition (sale or division) in many circumstances. If the life tenant is harming the property or excluding the remainderman improperly, the remainderman can sue to stop waste, seek an accounting for income or rent, or ask the court for partition.

Detailed answer — What each party typically can and cannot do

1. What is a life tenancy (life estate)?

A life tenancy (life estate) gives the life tenant the legal right to possess and use the property during the life tenant’s life. At the death of the life tenant, the property interest passes to the remainderman (or according to whatever future interest was created). In Montana, life estates are recognized as interests in property under state property law (see Montana Code Annotated, Property provisions — search the Montana Code for specifics: leg.mt.gov — Montana Code Annotated).

2. Possession and occupancy

The life tenant has the primary right to possess and occupy the property for life. The remainderman generally cannot force the life tenant to move out simply because the remainderman wants possession now. However, the life tenant must use the property reasonably and cannot commit waste (see below).

3. Duties of the life tenant

• Maintain the property in reasonable condition and avoid committing “waste.” Waste means intentionally or negligently damaging the property, depleting natural resources, or permitting deterioration beyond ordinary wear and tear.
• Pay routine expenses that arise from possession and use (utilities, ordinary maintenance) unless the ownership agreement says otherwise.
• Pay taxes, insurance, and major expenses when required by statute or agreement; if the life tenant fails to pay necessary charges, the remainderman may have remedies to protect the property.

4. Rights of the remainderman (co‑owner with future interest)

• Right to the property interest at the end of the life estate.
• Right to seek relief from the court to prevent waste and to require the life tenant to repair or to pay damages for destruction or substantial harm to the property.
• Right to request an accounting or rent if the life tenant is collecting income from the property (for example, leasing it to others) and the life tenant’s use exceeds ordinary occupancy or profit is being made.
• Right to seek partition. In Montana a co‑owner with an ownership interest (including a future interest) can generally ask a court to partition the property (divide it physically if possible or sell it and divide the sale proceeds). You can search Montana’s statutes and court rules on partition through the Montana Code website: leg.mt.gov — lifecycle and partition statutes.

5. When can a remainderman get possession now?

Because a life estate gives the life tenant current possession for life, the remainderman generally cannot force immediate possession unless one of the following applies:

• The life estate was terminated legally (for example, renunciation by the life tenant or a court finding that the life tenant forfeited the estate).
• The life tenant committed waste or otherwise materially breached duties so that the court orders relief (injunction, damages, or other equitable remedy).
• The parties agree (sale, buyout, or partition settlement).

6. Partition actions — forcing a sale or division

If you are a co‑owner (including a remainderman) and you cannot agree with the life tenant, Montana law generally allows you to file a partition action asking a court to divide or sell the property and distribute proceeds. Courts consider many factors (physical feasibility of division, fairness, effects on occupants). A partition sale may produce funds you can receive now rather than waiting for the life tenant’s death. See the Montana Code Annotated for statutes and rules governing partition and co‑ownership disputes: leg.mt.gov — search the Montana Code.

7. Rent, ouster, and income from the property

If the life tenant occupies the property personally, most courts consider that part of the life tenant’s rights and normally do not require rent to the remainderman for ordinary personal occupancy. But if the life tenant leases the property to a third party or uses it to generate significant income, the remainderman may be entitled to a portion of the profits or an accounting. If the life tenant excludes the remainderman unlawfully (an “ouster”), the remainderman may be entitled to rent from the time of the ouster.

8. Improvements, repairs, and taxes

• Routine repairs and ordinary maintenance are usually the life tenant’s responsibility.
• Major improvements that change the character of the property may require the remainderman’s consent; absent consent, the remainderman may seek damages for any devaluation or altered future interest.
• If the life tenant fails to pay property taxes or insurance and the property is at risk, the remainderman can pay those amounts and generally seek reimbursement or have the amounts charged to the life tenant’s interest.

9. Waste, remedies, and injunctions

If the life tenant commits waste (willful destruction, substantial neglect, or misuse that reduces value), the remainderman can file suit for injunctive relief, damages, or both. Courts can order the life tenant to stop harmful acts, repair damage, or pay for loss in property value.

10. Selling or transferring the remainderman interest

A remainderman can sell or transfer the future interest. The buyer receives the same future interest and is subject to the life tenant’s current right to possess the property during life. This can be a way for a remainderman to get cash now instead of waiting.

11. Practical routes to resolution

• Talk with the life tenant about expectations: repairs, taxes, insurance, and use.
• Consider mediation or negotiation (buyout of the life estate or a written agreement on maintenance and costs).
• If necessary, file a partition action or a lawsuit to stop waste, obtain an accounting, or enforce obligations.

Helpful Hints

1. Document everything. Keep copies of taxes, insurance payments, repair bills, written communications, and any leases or receipts linked to the property.
2. Get a professional property valuation. If waste or diminution in value is an issue, an appraisal helps prove damages in court or supports settlement talks.
3. Check the deed or will that created the life estate. Terms in the deed can change rights and obligations (for example, explicit duties for repairs or payment of taxes).
4. Consider alternatives to litigation: negotiate a buyout of either the life estate or the remainderman’s interest, agree on a partition sale, or use mediation to reach a workable settlement.
5. Act early. If the life tenant neglects the property or fails to pay taxes, delays can increase loss and reduce remedies. Prompt steps preserve remedies and evidence.
6. Understand costs and timelines. Litigation (partition or waste suits) can be expensive and take months or years, but it may be necessary if parties cannot agree.
7. Consult an attorney experienced in Montana property and probate law to review the deed, any trust documents, and the specific facts of your case.

Useful resource: Montana Code Annotated — search statutes and title provisions at the Montana Legislature website: https://leg.mt.gov/bills/mca/.