Understanding Rights When a Co-Owner Holds a Life Estate and Lives on the Property in South Carolina

Short answer: If a co-owner has a life estate (a legal right to possess the property for the remainder of their life), they generally have the right to occupy the property during their life. Other co-owners (remaindermen or concurrent owners) retain future interests and certain protections: they can enforce duties against the life tenant (for example, prevent waste), seek accounting for rents or profits, and in many situations pursue a partition or other court remedy. Exact rights, timing, and available remedies depend on how the life estate was created (deed, will, trust), the wording of that instrument, and facts on the ground.

Detailed answer — how South Carolina law treats life tenants and co-owners

1. What is a life estate and who can possess the property?

A life estate gives one person (the life tenant) the right to possess and use real property during that person’s lifetime. The people who hold the future interest (remaindermen or remaindermen/co‑owners) do not get possession while the life tenant is alive, unless the instrument creating the life estate says otherwise.

Life estates in South Carolina are governed by general property principles and by the terms of the deed, will, or trust that created the life estate; see South Carolina Code, Title 27 (Property) for related property law provisions: https://www.scstatehouse.gov/code/title27.php.

2. What rights does the life tenant have?

Exclusive possession and use of the property for the life of the life tenant, unless the instrument limits that right.
The right to receive rents and profits from the property while occupying it, subject to obligations below.

3. What duties does the life tenant owe to the remaindermen or other co-owners?

The life tenant must not commit “waste” — which generally means they cannot substantially damage or devalue the property through neglect, destructive acts, or improper use. Examples include tearing down structures, removing valuable fixtures, or allowing deterioration by failing to take basic care. Remaindermen may sue to stop waste or seek damages.

The life tenant is typically responsible for ordinary maintenance and operating expenses during the life tenancy. Who pays major repairs, taxes, insurance, or mortgage payments depends on the language creating the life estate and equitable principles — these points commonly generate disputes.

4. What can a remainderman or other co-owner do while the life tenant occupies the property?

Ask for an accounting: If the life tenant rents out part or all of the property, remaindermen can request an accounting of rents and profits, and may be entitled to their share under certain conditions.
Sue to stop or remedy waste: If the life tenant is damaging the property, a court can enjoin the conduct and award damages.
Seek partition or other equitable relief: Co-owners often have a right to ask a court to partition the property (divide it in kind or order a sale and divide the proceeds). The existence of a life estate complicates partition remedies, but partition actions are generally available under South Carolina law: see South Carolina Code, Title 15 (Courts and Civil Procedure) for civil actions and remedies: https://www.scstatehouse.gov/code/title15.php.
Pursue ejectment only in limited cases: If the person occupying the property lacks a legal right of possession (for example, if a claimed “life estate” is invalid), a co-owner may bring ejectment, but if a valid life estate exists, ejectment will usually not succeed while the life tenant is alive.

5. How does co-ownership interact with a life estate?

If one co-owner has a life estate and another co-owner holds a remainder interest (or owns as a tenant in common of the remainder), the life tenant’s possession generally prevails during the life tenant’s life. If two people are tenants in common and one person also has a separate life estate interest created by a deed or will, the precise rights depend on the instruments’ language and how ownership interests are recorded. Clear title documentation (the deed, will, trust) is the key starting point.

6. Practical remedies and likely outcomes in South Carolina

Review the deed/will/trust: Determine exactly what the life estate document says. That controls most outcomes.
Negotiate or mediate: Many disputes settle; parties can agree on rent, maintenance contributions, or a buyout of the life estate.
File a partition action: Co-owners may ask a court to partition the property or order a sale. If dividing the property in kind is impractical, the court can order a sale and divide proceeds among the interest-holders.
Sue for waste or accounting: If the life tenant harms the property or takes rents without accounting, you can ask the court for injunctive relief, damages, or an accounting.
Consider a buyout: Remaindermen can sometimes buy out the life tenant’s interest (or vice versa) to simplify ownership.

Helpful hints — steps to protect your rights

Locate the deed, will, or trust that created the life estate. The exact language determines many rights.
Check the public land records to confirm recorded interests and chain of title.
Document the condition of the property with photos and repair estimates if you suspect waste or neglect.
Keep records of any rent or profits the life tenant collects and any expenses paid by owners (taxes, insurance, mortgage payments).
Communicate in writing: Send a clear written request for accounting, contribution to expenses, or for a meeting to negotiate an agreement.
Consider mediation before filing a lawsuit; courts often expect parties to try alternative dispute resolution.
Talk to a South Carolina attorney experienced in property/real estate or estates to review documents and advise on specific remedies. An attorney can explain practical timelines and likely costs of actions like partition or waste claims.

Where to look in the South Carolina statutes and court resources

Key places to start:

South Carolina Code, Title 27 (Property): general property law and related provisions — https://www.scstatehouse.gov/code/title27.php
South Carolina Code, Title 15 (Courts and Civil Procedure) for civil actions such as partition and injunctive relief — https://www.scstatehouse.gov/code/title15.php
South Carolina Judicial Branch and local court forms for filing civil actions; local circuit court clerks can help with filing requirements and fees — https://www.sccourts.org/

Typical questions people ask

If the life tenant is refusing to move out, can I force them off the property? Not while a valid life estate exists. Eviction/ejectment is not available against someone with a lawful life tenancy. Remedies more often focus on preventing waste, seeking an accounting, or requesting partition.
Can I collect rent from a life tenant who lives on the property? If the life tenant occupies the property themselves, they typically aren’t required to pay rent to remaindermen for their personal use, but if they rent portions of the property or generate profit, remaindermen may be entitled to a share. Check the document and consult an attorney.
Can a co-owner force a sale now? Co-owners can usually petition the court for partition, which may result in a sale, but courts will consider the life estate. A life estate holder’s possession is typically protected during their lifetime, so courts balance interests when ordering partition or sale.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. I am not a lawyer. Laws vary and change; consult a licensed South Carolina attorney about your specific situation.