Understanding your rights when a co-owner holds a life estate and occupies the property

Quick summary: A person who has a life estate (a life tenant) generally has the right to possess and use the property for the length of that life interest. Other co-owners who own the future interest (remaindermen or reversioners) keep ownership too, but their possession rights are delayed until the life estate ends. Nebraska law follows the usual common-law rules: the life tenant has possession but must not commit “waste,” and the holders of future interests can sue to stop waste, force partition in some situations, or seek damages. This article explains the core concepts, likely duties and remedies, and practical next steps you can take.

Disclaimer

This article provides general legal information only and is not legal advice. For advice tailored to your facts, consult a licensed Nebraska attorney.

Detailed answer

What is a life estate (life tenancy)?

A life estate is an ownership interest that lasts for the lifetime of a named person (the life tenant). The life tenant has the right to possess and use the property during that lifetime. When the life tenant dies, the property passes to whoever holds the remainder or reversion interest. In Nebraska, a life estate is typically created by deed, will, or trust.

Who can live on the property?

If the deed or other document grants someone a life estate, that person has a legal right to live on and use the property for the duration of the life estate. The life tenant is not a mere “tenant” who can be evicted like a renter; the life tenant is an owner for the life of the life estate. Co-owners who hold future interests (remaindermen) do not have the right to exclude the life tenant during the life tenant’s lifetime.

Key rights of the life tenant

Exclusive possession and use of the property during the life estate.
Right to normal income and profits from the property (e.g., rents generated during the life estate), unless the creating document says otherwise.
Ability to make ordinary repairs and reasonable use consistent with the property’s character.

Key duties of the life tenant (things the life tenant must not do)

Your life-tenant co-owner cannot commit “waste.” Waste is conduct that damages or depletes the value of the property to the harm of future interest holders. Waste generally falls into three categories:

Voluntary (affirmative) waste: deliberate acts that damage the property or remove valuable resources (e.g., striping timber, demolishing a house without reason).
Permissive waste: failing to perform ordinary upkeep so the property deteriorates (e.g., letting the roof collapse through neglect).
Ameliorative waste: changes that increase value but alter the character of the property in a way that injures the future interest holders (these can be limited and context-specific).

Life tenants commonly must pay ordinary property taxes and perform normal maintenance. Who pays major repairs, mortgages, or assessments may depend on the deed or local practice. If the life tenant generates income from the property, courts sometimes expect the life tenant to use that income to cover taxes and ordinary expenses.

Rights of the co-owner who holds the future interest

Right to the property possession at the end of the life estate.
Right to seek an accounting of rents or profits if the life tenant has taken income from the property.
Right to sue to stop or remedy waste, including obtaining an injunction to stop waste and money damages for past waste.
Right to seek partition or a buyout in some circumstances—although partition remedies vary based on how the interests were created and whether partition would interfere with life-tenancy rights.

Common remedies available in Nebraska (practical options)

Possible legal actions that holders of future interests or harmed co-owners can consider include:

Suing for injunctive relief: to stop active waste or prevent harmful alterations to the property.
Suing for damages: to recover the cost of repairs or diminution in value caused by waste.
Partition action: asking the court to divide the property or order a sale and divide proceeds. Partition may be appropriate when multiple owners want to end shared ownership, but courts will weigh the life estate structure and the interests involved.
Accounting and rent claims: if the life tenant collected rents or profits, a court can order an accounting and payment to the future interest holders where appropriate.

When a life tenant is also a co-owner without a formal life estate

Not all occupied co-ownership situations involve a formal life estate. If no deed, will, or trust grants a life estate, co-owners generally hold the property as tenants in common or joint tenants. In those cases, each co-owner has a right to possess the whole property. A co-owner cannot lawfully exclude other co-owners. If a co-owner occupies the property and excludes you, you can ask the court for remedies such as partition or an order for possession, depending on the facts.

Practical example

Hypothetical: A deed gives Alice a life estate and grants Bob the remainder. Alice lives in the house. Alice may live there rent-free, but she must avoid damaging the house or stripping fixtures for scrap. If Alice removes the furnace and sells it, Bob can sue Alice for voluntary waste. If Alice fails to fix a leaking roof and the house deteriorates, Bob can sue to require repairs or for damages. Bob may also ask a court to order an accounting of any rents Alice collected if she rented part of the house.

What should you do next? Practical steps

Gather documents: find the deed, any deeds reserving a life estate, wills, trust documents, past property tax bills, mortgage papers, and any written agreements.
Document the condition: take dated photos, keep receipts for repairs, and record any communications about the property.
Communicate clearly: send a concise written request (keep a copy) asking the occupant to stop waste or to agree on maintenance and expenses. Try mediation if both sides are open to it.
Avoid self-help: do not change locks, remove the occupant’s possessions, or forcibly exclude someone claiming an ownership interest. Self-help can expose you to criminal or civil liability.
Consult a Nebraska attorney early: an attorney can review deeds and advise whether you have a life tenant/remainderholder situation, identify breach-of-duty issues, and explain remedies such as injunction, damages, or partition.
If necessary, file suit: your attorney can file for injunctive relief, an accounting, damages for waste, or partition as appropriate to your situation.

Where to look for Nebraska law and help

Nebraska Revised Statutes and legislative resources: Nebraska Legislature – Statutes (use this site to search terms like “life estate,” “waste,” or “partition”).
Nebraska Judicial Branch (court information and self-help resources): supremecourt.nebraska.gov
Nebraska State Bar Association (lawyer referral): nebar.com

Helpful hints

Confirm in writing whether the occupant actually holds a legally created life estate or merely occupies the property; the written document controls.
Keep the lines of communication open. Negotiated maintenance plans, rent-sharing, or buyouts often save time and money compared to litigation.
Collect and preserve evidence of any damage, neglect, or removal of fixtures. Courts rely on documentation.
Know the difference between an owner-occupant (life tenant) and a tenant; eviction procedures usually do not apply when the occupant is an owner with a life interest.
Act quickly if you see active waste. Courts are more likely to grant speedy injunctive relief to stop ongoing damage.
Expect courts to balance interests. A life tenant’s right to reasonable use is strong, but it does not allow destructive conduct that injures future owners.

If you want, provide the deed language or a short factual summary (no personal identifying details) and an attorney can give more precise next steps based on the documents.