Understanding Your Rights When a Co-Owner Lives on the Property Under a Life Tenancy (Ohio)

Short answer: If a co-owner holds a life estate (life tenancy), that person generally has the right to possess and use the property for the length of their life, while other co-owners (remaindermen or reversioners) hold future interests. However, the life tenant must not commit “waste,” may have obligations for taxes and ordinary maintenance, and you — as a holder of a future interest — have remedies including asking a court to stop waste or to partition or sell the property. Ohio law allows co-owners to seek partition in court. See the Ohio partition statute for procedure and remedies: Ohio Rev. Code § 5307.01 et seq.

What is a life tenancy (life estate)?

A life tenancy (life estate) gives one person (the life tenant) the legal right to possess and use real property for the duration of that person’s life. At the life tenant’s death, the property passes to the person(s) holding the remainder interest (remaindermen) or reverts to the grantor or their heirs. A life estate can be created by deed, will, or court order and is often recorded in the chain of title.

Who can occupy the property?

The life tenant has a legal right to occupy the property for life. Other co-owners who hold only a future interest do not have a present right to occupy while the life tenant is in possession. If someone claims to be a co-owner with a present possessory interest, check the deed and title records to confirm whether a life estate was actually created and how the interests are described.

Primary rights and duties of the life tenant

Possession and use: The life tenant may live on, lease, or derive income from the property consistent with the life estate’s terms.
No waste: The life tenant cannot commit “waste.” Waste means actions (or failures to act) that substantially damage the property or reduce its value for the remainderman. Examples include tearing down valuable structures, stripping resources, or permitting severe neglect.
Repairs and maintenance: The life tenant must perform ordinary maintenance to prevent deterioration beyond normal wear. Major repairs or improvements may be the responsibility of the remainderman unless the life tenant agreed otherwise.
Taxes and insurance: The life tenant typically must pay taxes and insurance premiums attributable to current possession, but specific allocation can depend on the deed or agreement.

Rights and remedies for the holder of the future interest (remainderman or co-owner)

As a person who holds the future interest, you do not have the right to immediate possession while the life tenant lives, but you have several legal options if the life tenant misuses or damages the property or if you want to end shared ownership:

Sue for waste or injunctive relief: You can ask a court to prevent the life tenant from committing waste, and to award damages for past waste. Courts can order repairs or stop destructive conduct.
Accountings and rent: If the life tenant excludes you from a portion of the property you are entitled to (for example, if you and the life tenant are co-tenants in some way), you may have claims for an accounting or for rent. The availability depends on the exact legal interests recorded and any written agreements.
Partition or sale: Co-owners may ask a court to partition the property. In Ohio, partition actions and remedies are governed by statute and allow courts to divide property physically (partition in kind) or to order a sale and divide proceeds. The court will respect existing life estates but can still order sale or other relief to fairly distribute interests. See Ohio Rev. Code § 5307.01 and following sections for procedure: https://codes.ohio.gov/ohio-revised-code/section-5307.01.
Protecting value: You can seek court orders requiring the life tenant to pay for necessary repairs or to maintain insurance so the property’s value remains intact.

Practical scenarios and how Ohio courts typically treat them

Below are common fact patterns and likely legal responses under Ohio law and general property principles:

Life tenant lives in the house and does basic upkeep: This is normally allowed. The remainderman must wait until the life tenant’s death for possession, unless there is waste or another legal problem.
Life tenant leases the property to a third party: That is usually permitted, but the lease must not impair the remainder interest permanently. Long-term leases can complicate the remainderman’s future possession.
Life tenant removes valuable fixtures or lets the home fall apart: You can sue for waste, seek injunctive relief, or demand compensation for diminished value.
You want the property sold now: You may file a partition action under Ohio law. The court can decide whether to partition in kind or order a sale, taking into account existing life estates; the court may structure distribution of sale proceeds to protect the life tenant’s rights.

What steps should you take right now?

Obtain and review the deed and title records to confirm the life estate language and the exact nature of each party’s interest. If the life estate was recorded, it will appear on the deed or in the chain of title.
Document the life tenant’s conduct: keep photos, dated notes about repairs, payments, or damage, and any written communications.
Check property tax, mortgage, and insurance records to see who is paying what.
Try to negotiate: a written agreement can clarify responsibilities and avoid costly litigation. Consider mediation if negotiations stall.
If you suspect waste or unlawful exclusion, consult a lawyer experienced in Ohio real property law about suing for waste, seeking an injunction, or filing a partition action under Ohio Rev. Code Chapter 5307: https://codes.ohio.gov/ohio-revised-code/section-5307.01.

How a partition action works in Ohio (brief)

In Ohio, any co-owner may file a partition action to force a division of property. The court will consider whether a physical division is possible; if not, the court may order sale and divide proceeds among owners according to their shares. The existence of a life estate does not necessarily prevent a partition sale; the court can retain the life tenant’s interest while distributing proceeds or structuring the sale to protect different interests. See Ohio Rev. Code § 5307.01 and related sections for procedural rules: https://codes.ohio.gov/ohio-revised-code/section-5307.01.

When to consult a lawyer

Talk to an Ohio real property attorney if any of the following apply:

The life tenant is making permanent changes, removing fixtures, or otherwise diminishing value;
The life tenant refuses to maintain insurance or pay taxes and this threatens the property’s value;
You want to force a sale or partition now; or
Title issues are unclear or you need help enforcing or defending property rights.

Helpful Hints

Verify the deed: confirm whether a formal life estate was created and whether the deed was recorded.
Document everything: photos, repair receipts, tax and insurance records, and written communications are critical evidence.
Do not attempt a “self-help” eviction of a life tenant — that can create legal liability.
Consider mediation or a negotiated agreement before filing suit; courts favor practical solutions where possible.
Get a property appraisal early to show value before and after any alleged waste.
Ask the county recorder or title company for a full title report to identify all recorded interests.
When in doubt, consult an Ohio attorney to evaluate options like an action for waste, accounting, injunction, or partition under Ohio Rev. Code Chapter 5307.

Disclaimer: This article provides general information about Ohio property law and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Ohio attorney.