Texas: Rights When a Co-Owner Holds a Life Tenancy and Occupies the Property

Detailed answer — what a life tenant can and cannot do, and what a co-owner who holds a future interest may do

When one co-owner lives on real property under a life tenancy (a “life estate”) and another co-owner holds a future interest (for example, a remainder or reversion), Texas law treats those parties differently. Below are the key rights and duties for each party and the typical legal remedies available.

Who has present possession?

The holder of a life estate has the right to immediate possession and use of the property for the duration of the measured life (the life tenant’s life or another named person’s life). That right generally prevents a future interest holder (remainderman/reversioner) from evicting the life tenant while the life estate continues.

Basic rights of the life tenant

• Right to possess and use the property during the life estate.
• Right to receive rents and profits from the property while occupying or leasing it.
• Power to lease or transfer the life estate (the transferee holds the same life-limited interest), subject to the life estate’s duration.
• Right to make ordinary repairs and use the property in the usual course of living, so long as those actions do not cause “waste.”

Limits on the life tenant — the prohibition against waste

A life tenant cannot commit waste. Waste is conduct that permanently harms the property’s value or unlawfully deprives the future interest holder of what they will inherit. Waste commonly appears in three forms:

• Voluntary waste: deliberate destructive acts (e.g., demolishing a building with no necessary purpose).
• Permissive waste: failure to take reasonable steps to prevent deterioration (e.g., refusing to make necessary repairs or pay property taxes, leading to loss in value).
• Ameliorative waste: changing the use of the property in a way that increases value but frustrates the expectations of the future interest holder (this can still be actionable in some circumstances).

If the life tenant commits waste, the remainderman or other future interest holder can sue for damages, an injunction to stop the waste, or other relief.

Duties of the life tenant — taxes, ordinary repairs, and maintenance

Generally, a life tenant must:

• Pay property taxes and interest tied to the life tenant’s period of possession (unless the deed or instrument says otherwise).
• Make ordinary repairs and avoid neglect that would reduce the property’s value.
• Account to the future interest holder for rents or profits if the life tenant leases the property for profit (the instrument creating the life estate may modify these duties).

Rights of the remainderman or reversioner (the co-owner with the future interest)

• No right to immediate possession while the life estate exists. You normally cannot evict a lawful life tenant.
• Right to sue for waste. If the life tenant damages or neglects the property, the future interest holder can seek damages or an injunction to stop waste.
• Right to protect the future interest — for example, paying taxes or making repairs to preserve value, then seeking reimbursement or credit from the life tenant or against the life estate in court.
• Possible right to seek a judicial partition or sale of the property in some circumstances, but the court will respect the life tenant’s possessory rights and may account for the life estate in any settlement or sale.

Partition, sale, and removal: what a future interest holder can pursue

A co-owner who holds a future interest can ask a court to partition the property (divide it physically if possible or order sale and divide proceeds). But partition is limited by the life tenant’s right to possession. A partition that ousts a life tenant of their right to occupy before the life estate ends is generally not permitted unless all parties agree or the court orders a sale that fairly accounts for the life estate.

Practical results in a partition action often include:

• Sale of the property with proceeds divided according to each party’s interest, including credit or valuation adjustments for the life estate.
• Adjusted distribution that protects the life tenant’s right to occupy/use the property during the life estate, or gives the life tenant a compensating share if immediate possession is terminated by agreement.

Eviction and forcible detainer

The Texas forcible-detainer (eviction) process requires the plaintiff to have the right to immediate possession. Because a life tenant holds the present right to possess, a future interest holder typically cannot use the eviction procedure to remove a lawful life tenant. For more on eviction procedures, see the Texas Property Code chapter on forcible entry and detainer: Texas Statutes home and specifically the forcible-detainer rules found on the Texas statutes site (search “Forcible Entry and Detainer” or “Chapter 24 Property Code”).

When the life tenant abandons or illegally holds over

If a life tenant abandons the premises or becomes a trespasser (for example, if the life tenant’s right was terminated by a court and they refuse to leave), the future interest holder may use eviction remedies. If the life tenant remains but is committing waste or illegally exploiting the property, the future interest holder’s proper remedy is usually a civil lawsuit (injunction, damages, or accounting), not self-help.

Practical enforcement steps available to the future interest holder in Texas

1. Identify the legal documents (deed, will, or trust) that created the life estate. Confirm whether the occupant is truly a life tenant and who holds the future interest.
2. Document any waste, damage, unpaid taxes, or unauthorized leases. Keep receipts, photos, and written communications.
3. Send a demand letter (through an attorney) asking for repairs, payment of taxes, or cessation of waste.
4. If the life tenant refuses, consider filing suit for injunction and damages for waste or for an accounting of rents and profits.
5. If all co-owners agree, negotiate a buyout, partition, or sale and document it in writing.
6. Do not attempt self-help eviction or removal. Use court processes; forcible removal by a non-judicial party can result in criminal or civil liability.

Valuation issues

If a sale or buyout occurs, the life estate must be valued. Texas courts use recognized methods (actuarial or market-based) to value the life tenant’s interest relative to the remainder. Because valuation can be complex, you will likely need a qualified appraiser and legal counsel.

When to consult a Texas attorney

Talk to a Texas real estate or probate attorney if you need to:

• Confirm whether the occupant truly holds a life estate.
• Evaluate whether waste has occurred or is likely to occur.
• Obtain a court order (injunction, accounting, partition, or other relief).
• Negotiate buyouts, partitions, or sales that affect a life estate.

Because Texas law and local court practices vary, an attorney can explain how the law applies to your deed, trust, or will and recommend the best procedural steps.

Helpful hints

• Locate the deed, will, or trust that created the life estate. The deed language controls many rights and duties.
• Confirm who holds the remainder or reversion. You generally cannot remove a lawful life tenant before the life ends.
• Keep a careful record of any damage, unpaid taxes, unauthorized rentals, or other conduct that could be waste.
• Pay property taxes if you control the property to avoid tax sale; you may later seek reimbursement or credit in court if you preserved the property for the future interest.
• Do not use self-help eviction. Use legal processes (injunction, partition, or eviction only when you have the right of immediate possession).
• Consider mediation early to avoid costly litigation; many disputes over occupied life estates settle when parties negotiate valuation or buyout terms.
• Use expert valuation when negotiating a sale or buyout — life-estate values require actuarial or real-estate appraisal input.
• Search Texas statutes and rules for forcible-detainer (eviction) and partition procedures at the Texas statutes site: https://statutes.capitol.texas.gov/. For eviction rules, look under the Property Code provisions on forcible entry and detainer (commonly called Chapter 24 in the Property Code).