Understanding Your Rights When a Co-Owner with a Life Tenancy Occupies the Property

Quick answer (summary): If a co-owner holds a life estate (is a life tenant) and is living in the property, that life tenant generally has the legal right to possess and use the property for the length of the life estate. A co-owner who holds a future interest (remainder or reversion) cannot normally force the life tenant off the property while the life estate exists, but the future-interest owner has rights: to protect the property from waste, to require accounting for rents or profits in some circumstances, and to seek a court order (for example, an injunction or partition sale structured to protect the future interest) in certain situations. The exact remedies and procedures are governed by Wyoming law and civil procedure.

Detailed answer

1. What is a life tenancy and how does it affect possession?

A life tenancy (or life estate) is an ownership interest that gives someone (the life tenant) the right to possess and use real property during the life tenant’s lifetime. The person who receives the property after the life tenant dies (the remainder person or remainderman) holds a future interest. Under that arrangement, the life tenant generally has exclusive possession of the property while the life estate lasts.

2. What can the life tenant lawfully do?

Occupy and use the property, collect any ordinary income it produces, and make reasonable use consistent with the purpose of the property.
Make ordinary repairs and improvements with limits described below. The life tenant must not commit “waste.”
Be required to pay property taxes and ordinary expenses attributable to occupancy depending on the terms of the instrument that created the life estate or local practice; otherwise courts commonly assign ordinary maintenance and taxes to the life tenant.

3. What duties and limits does the life tenant have (what is “waste”)?

“Waste” refers to actions by the life tenant that unreasonably damage the property or reduce its value for the future-interest holder. Waste can be:

Permissive waste: failing to make ordinary repairs or pay taxes when obligated.
Voluntary or affirmative waste: intentionally damaging, stripping, or removing valuable parts of the property.
Ameliorative waste: making changes that increase value but alter the character of the property in a way the instrument didn’t allow.

If a life tenant commits waste, the remainderman can ask a Wyoming court to stop the waste and get damages.

4. What can the co-owner with the future interest (remainderman) do while the life tenant occupies the property?

Enforce the anti-waste rules: seek injunctions to stop ongoing waste and damages for past waste.
Seek an accounting or rent for profits if the life tenant wrongfully collects rents or uses the property for commercial gain beyond normal use, depending on the facts and any controlling instrument.
Protect the value of the interest by paying taxes or insurance if the life tenant neglects those duties—Wyoming courts can allow reimbursement or place a lien for such payments.
Bring a partition action in Wyoming courts in some circumstances. A partition action generally divides or sells co-owned property so the co-owners receive their share. If a life estate exists, a court often structures the division or sale to preserve the life estate and reflect the present value of the future interest (for example, ordering a sale and distributing proceeds so the life tenant’s interest and the remainder interest are protected).

5. Can a remainderman force the life tenant to move out?

No—if the life estate is valid and in effect, the life tenant has the right to possess the property during the life tenant’s lifetime. The remainderman cannot forcibly evict the life tenant for simply occupying the home. However, if the life tenant’s possession is based on a defective instrument (a forged document, fraud, or if the life estate was invalidly created) or if the life tenant has abandoned or surrendered the life estate, the remainderman may have other remedies, including ejectment or other relief under Wyoming law.

6. What about co-owners who are tenants in common (not life tenants)?

If the co-ownership is as tenants in common (no life estate), each co-tenant has an equal right to possess the whole property. One co-tenant cannot lawfully exclude another from possession. If a co-tenant is wrongfully excluding you, you can seek a partition action or damages and an accounting for your share of rents and profits.

7. Practical remedies available in Wyoming

File a civil lawsuit asking the court to enjoin waste and order damages.
Ask the court to require the life tenant to pay taxes, insurance, and ordinary maintenance; seek reimbursement or a lien if you cover those expenses.
Bring a partition action. When a life estate exists, a court may order a sale and apportion the sale proceeds to reflect the life tenant’s present interest and the remainder interest.
If the life tenancy was created by fraud or there is a defect in title, pursue quiet title or ejectment actions as appropriate.

8. How courts value a life estate and the remainder

When a sale or accounting is necessary, courts frequently use valuation tools—life expectancy tables and present-value calculations—to assign a fair monetary value to the life tenant’s interest and to the remainderman’s interest. A Wyoming court will set the remedy to reflect those values so the parties receive just compensation for their interests.

9. What documents and facts you should gather before talking to an attorney

Deed, trust instrument, wills, or other document creating the life estate.
Title report or property deed showing ownership interests.
Records of taxes, insurance, mortgage payments, repairs, and improvements.
Any written communications about occupancy, rent, or agreements among co-owners.
Photos showing condition of the property, evidence of damage, or use that may show waste.

How to proceed (practical steps and timing)

Confirm whether a life estate actually exists by reviewing the deed or instrument that created the interest.
If you suspect waste or mismanagement, document the conduct, preserve evidence, and consider a written demand asking the life tenant to stop the behavior or to account for expenses and rents.
Consult a Wyoming attorney who handles real property and probate/estate matters to evaluate your rights and the likely remedies under Wyoming law.
If necessary, a lawyer can file a lawsuit (injunction for waste, partition, accounting, or quiet title) and represent you in court. Some matters can be resolved by negotiation or mediation instead of litigation.

Wyoming law resources

Wyoming statutes and court procedures govern partition, remedies for waste, and real property disputes. For official Wyoming statutes and to look up relevant chapters, start with the Wyoming Legislature website: https://wyoleg.gov/StateStatutes. For practical court information and self-help resources, see the Wyoming Judicial Branch: https://www.courts.state.wy.us.

Helpful Hints

Do not attempt to forcibly remove a life tenant—this can lead to criminal charges. Use legal remedies instead.
Get the deed and any estate planning documents early. They define rights and limits more than general rules do.
Document all communications and property condition with photos and dated notes.
If taxes or insurance are unpaid, consider paying them to protect the title, then seek reimbursement from the life tenant or court relief.
Mediation can be a faster, less expensive way to resolve occupancy disputes than litigation.
Act promptly to stop waste. Courts are more likely to provide emergency relief if harm is imminent or ongoing.
Ask an attorney about valuation methods if you expect a partition sale—the life estate’s value matters in dividing proceeds.

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