Utah: Rights When a Co-Owner Lives on Property under a Life Tenancy

Detailed Answer — Your rights when a co-owner holds a life tenancy and occupies the property (Utah)

When one co-owner holds a life estate (a life tenancy) in real property and is living in the property, Utah law treats that person as having a present right to possess and use the property for the length of the life estate. Other co-owners who hold the remainder or reversion interest (remaindermen) generally have a future interest: they will obtain full ownership only when the life tenant’s interest ends (usually at death or if the life tenant gives up the interest).

Key legal principles you should understand:

• Right of possession: The life tenant has the right to possess and use the property during the life estate. That usually means the life tenant can live there and exclude others (including some co-owners) from possession for the duration of the life estate.
• Obligation not to commit waste: A life tenant must not commit “waste” — actions that substantially damage, destroy, or deplete the value of the property (voluntary waste) or fail to perform ordinary, necessary upkeep (permissive waste). Remaindermen can sue for waste or for an injunction to prevent damaging acts.
• Financial duties: Who pays taxes, insurance, major repairs, and mortgage obligations depends on the deed creating the life estate and equitable principles. Generally, the life tenant pays ordinary expenses associated with possession (utilities, ordinary repairs, property taxes attributable to the life tenant’s use) while remaindermen may be responsible for major capital improvements or mortgage payments if they expect to benefit; specific allocations often come from the deed language or court decree.
• Rent and income: If the life tenant rents the property or collects profits from it, the life tenant typically must account for net income to the remaindermen only to the extent the life estate terms or law require. Conversely, if the life tenant or occupant excludes the remaindermen from their own right to income (for example, remaindermen could have had rental income), remedies may be available through the courts.
• Partition and sale: Co-owners generally have a right to ask a court for partition of jointly owned property. If a life estate exists, courts may divide physical property where feasible or order a sale and distribute proceeds according to interests. A life estate complicates partition: courts can preserve the life tenant’s occupancy (for example, ordering a sale and awarding the life tenant a life interest in proceeds or adjusting shares) or order a sale subject to the life estate. A partition action is an important remedy, but outcomes depend on facts and the court’s discretion.

Practical examples of what this means in common situations:

• If a deed grants your co-owner a life estate and they live in the house, you usually cannot evict them simply because you are co-owner. The life tenant’s right of possession is lawful.
• If the life tenant removes the roof, tears out fixtures, or demolishes parts of the building without consent, you can likely sue for waste and seek an injunction to stop further damage and recover damages.
• If you want access to the property now (for sale, sale proceeds, or to move in), you can discuss a voluntary buyout of the life interest, negotiate a settlement, or file a partition action to force sale or division. A court may balance the interests of the life tenant and remaindermen when ordering relief.

Where to look in Utah law:

• Utah’s statutes and code provide general property and civil procedure law. For statutory text and related rules, start at the Utah Legislature code site: https://le.utah.gov/xcode/.
• For how courts handle disputes, Utah Courts provides self-help resources and local rules that explain filing a partition, an injunction, or actions for waste: https://www.utcourts.gov/.

Common remedies available to a remainderman or co-owner:

1. Negotiate a buyout or voluntary release of the life estate.
2. Ask the life tenant to sign a lease, license, or occupancy agreement with clear obligations (repairs, taxes, insurance, rent).
3. File a lawsuit for waste if the life tenant materially harms the property.
4. File a partition action asking the court to divide or sell the property while accounting for the life tenant’s interest.
5. Seek an injunction to stop imminent or ongoing destructive acts.

Timing and evidence matter. Courts will look at the deed or instrument that created the life estate, recorded title documents, proof of occupancy, evidence of waste or damage, and financial records when allocating costs or awarding relief.

Helpful Hints

• Start by pulling the deed and title history at your county recorder’s office to confirm whether a life estate exists and its exact wording.
• Document the condition of the property with dated photos and written records. If you suspect waste, evidence is critical.
• Keep records of payments: property taxes, mortgage payments, insurance, and any contributions toward repairs. These records help in equitable accounting and court petitions.
• Consider a neutral appraisal to establish current property value, especially before pursuing partition or buyout negotiations.
• Talk to the life tenant directly about responsibilities and possible resolutions — a written agreement can avoid litigation.
• If you plan to sue (partition, waste, injunction), consult a Utah attorney promptly. Court processes have deadlines and specific filing rules; self-help materials at the Utah Courts site can help you prepare before you meet your attorney: https://www.utcourts.gov/howto/.
• Be cautious about changing locks, removing occupants, or taking unilateral action. Even as a co-owner, you can face civil liability if you try to displace a valid life tenant without a court order.

How an attorney can help:

• Interpret the deed and advise if a life estate exists and what it covers.
• Evaluate whether the life tenant’s conduct rises to waste or breach of duty.
• Prepare and file partition, waste, or injunction proceedings and represent you in settlement talks or court.
• Structure buyouts or agreements that protect your future interests while resolving present occupancy.

Next practical steps:

1. Obtain and read the deed and any recorded instruments.
2. Gather records and photos of the property condition and financial contributions.
3. Contact a Utah real property attorney for an evaluation tailored to your facts.