Understanding Your Rights When a Co-Owner with a Life Tenancy Lives on the Property in South Dakota

Quick summary: If a co-owner holds a life tenancy (a life estate) and is occupying property in South Dakota, both the life tenant and the future owner(s) (remainderman or other co-owners) have defined rights and duties. You may have remedies if the life tenant is causing waste, refusing to pay shareable expenses, or preventing you from exercising ownership rights — for example, by bringing a partition action or seeking an accounting in court. This article explains the key concepts and practical steps under South Dakota law so you can make informed decisions about whether to consult an attorney.

Disclaimer

This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed South Dakota attorney.

Key concepts you need to know

Life tenancy (life estate): A life tenant has the right to occupy and use the property for the length of the life estate (usually the life of the tenant or another named person). The interest ends at the termination event, and the property passes to the remainderman (or other co-owner) free of the life tenant’s possessory rights.
Remainderman / remainder interest: A person who holds a future interest in the property. They do not have present possession while the life tenant lives there, but they have the right to the property after the life estate ends. They also have certain protections during the life tenancy.
Co-ownership: When more than one person owns the property (for example, a life tenant plus a remainderman or two tenants in common), each owner has duties and rights—use, contribution for expenses, protection against waste, and remedies if co-owners disagree.

What a life tenant is allowed to do

Occupy the property and use it in a normal, reasonable way consistent with the nature of the property.
Collect rents and profits from the property while occupying it (unless the deed or agreement says otherwise).
Make ordinary repairs and maintenance that preserve the property.

What a life tenant cannot do (and when the remainderman can act)

Commit waste: A life tenant must not commit “waste,” meaning they cannot intentionally or negligently damage or devalue the property. Waste can be “voluntary” (tearing down buildings, removing valuable fixtures) or “permissive” (allowing the property to deteriorate through neglect).
Make permanent changes that harm the remainder interest: Major alterations that substantially reduce value can be restrained or reversed by court order.
Refuse to pay shareable obligations: Life tenants generally must pay costs that are their responsibility during occupancy (e.g., utilities, ordinary taxes if the instrument requires it). Remaindermen usually must pay mortgage principal or some taxes and insurance costs that attach to their future interest, but allocation and responsibility can depend on the deed, will, or local law.

Practical rights and remedies available to remaindermen or co-owners in South Dakota

If a life tenant occupies the property and you are a co-owner or remainderman who is concerned about occupancy, damage, unpaid expenses, or access, South Dakota law provides several common remedies:

Demand an accounting and payment of rents and profits: If the life tenant is collecting rents from third parties or otherwise generating profit from the property, a co-owner can ask for an accounting and a share of net income attributable to the property.
Seek contribution for expenses: Co-owners may seek contributions for necessary expenses (taxes, insurance, mortgage interest) depending on how the title documents allocate obligations. If one owner pays more than their share, they may be able to compel contribution in court.
Injunction or injunction against waste: If the life tenant threatens or commits waste, you can ask a court to stop the damaging conduct or require repairs.
Partition action: South Dakota law allows co-owners to ask the court to partition property. The court can either physically divide the property (partition in kind) or order a sale and divide proceeds (partition by sale) when division isn’t practical. A partition sale ends the co-ownership interest and the life tenant’s exclusive possession, but courts will respect valid life estates during their term unless there is contractual or statutory reason otherwise.
Eviction only in limited circumstances: A life tenant who legitimately holds a life estate generally cannot be evicted by remaindermen before the life estate ends unless the life tenant has breached conditions (for example, by illegal use or substantial waste) that the court finds justify removal.

How to proceed step by step

Confirm the title documents: Get the deed, will, trust, or other instrument that created the life estate. Look for language creating a life estate or describing the remainderman’s interest. If you don’t have copies, obtain a title report from the county register of deeds.
Document occupancy, condition, and financial flows: Keep records: photographs of property condition, any communication with the life tenant, copies of leases, evidence of rents collected, receipts for taxes/insurance/repairs, and bills that you or the life tenant paid.
Request an accounting and discuss contributions: Write a formal demand asking for rental accounting and for contribution to expenses. Often matters resolve once co-owners see the financial picture.
Consider mediation: Mediation or settlement can avoid litigation and preserve the property’s value.
If necessary, file a court action: If the life tenant refuses reasonable requests and you have claims (waste, unpaid rents, need to partition), file the appropriate action in South Dakota court. That could be a partition action, an action for an accounting, or an action for injunctive relief to prevent waste.

What outcomes you can expect in court

A court can order an accounting and distribution of rents and expenses according to the equities and title documents.
A court can order repairs or prohibit destructive acts (injunction) to prevent waste.
If the property cannot be divided fairly, the court may order sale and divide the proceeds among the life tenant (to the extent of his/her interest) and the remainderman according to their shares. The life tenant’s entitlement to proceeds may be limited by the life estate’s nature.
Eviction of a true life tenant is rare unless the life tenant breaches a legal duty or commits waste or illegal acts.

South Dakota statute resources and where to read the law

South Dakota statutes and court procedure govern partition, accounting, and remedies for waste. For the exact statutory language and to see the civil procedure rules that apply in South Dakota courts, start with the official South Dakota Codified Laws and the South Dakota Unified Judicial System:

Helpful hints

Keep calm and document: Take dated photos, keep written communications, and record expenses related to the property.
Get the deed reviewed: A short review by a South Dakota real property attorney can clarify whether a person truly holds a life estate and what rights that creates.
Consider temporary relief: If the life tenant is actively damaging the property, immediate court action (injunction) can stop further harm while the case proceeds.
Think about costs vs. benefits: Litigation (partition or injunctive relief) costs money. Mediation or settlement may be faster and cheaper for both parties and preserve value.
Be aware of timelines: Statutes of limitation and procedural deadlines can affect claims for rents, accounting, or removal of waste. Don’t delay if you have urgent harms.
Insurance and taxes matter: Make sure property taxes and insurance remain current to prevent liens or loss of value. Determine who is responsible under the deed or local practice.

When to talk to an attorney

Talk to a South Dakota real property attorney if any of the following apply:

You suspect the life tenant is committing waste or removing fixtures of value.
The life tenant is collecting rents that you believe you should share in.
You want to force a sale or partition of the property.
The life tenant is refusing to allow reasonable inspections, repairs, or access required to protect your interest.

An attorney can review your title documents, identify statutory claims, prepare demand letters, and represent you in court (partition, accounting, or injunctive actions) if necessary.

Remember: This article explains common legal principles and practical steps for South Dakota situations, but it is not legal advice. A lawyer who reviews your documents and facts can give a legal opinion tailored to your case.