What are the Rights and Responsibilities of a Life Tenant in Texas?

In Texas, life tenant has important legal rights and responsibilities when occupying property under a life estate. Understanding these key legal insights helps ensure compliance with Texas law and prevents disputes between life tenants and remaindermen.

What is a Life Tenant

A life tenant is a person who has the legal right to possess and use real property for the duration of a measuring life—typically their own but sometimes that of another person. When the measuring life ends, the property either reverts to the original owner (grantor) or transfers to a designated third party, known as the remainderman.

For example, Joe could grant a life estate to Jane for the term of her life, or the life of a third person. When the measuring life terminates, the property either reverts to the owner making the conveyance, or the property or vests in a remainderman.

Rights of Life tenants in Texas:

A life tenant in Texas enjoy significant benefits, including:

1. Exclusive Possession and Use

The life tenant has the exclusive right to occupy and use the property for their lifetime. The remainderman has no right to interfere with their use during this period.

2. Right to Income from the Property

If the property generates income (e.g., rental income or royalties), the life tenant is entitled to it while they are alive.

3. Right to Lease, Sell, or Mortgage Their Interest

The life tenant may lease or sell their life interest, but only for the duration of the measuring life. Any lease or sale agreement automatically terminates upon the life tenant’s death.

4. Constitutional Homestead Protections in Texas

A surviving spouse in Texas is entitled to remain in the couple’s homestead for life, even if the property was willed to someone else, unless waived in a marital agreement.

Responsibilities of a Life Tenant in Texas

With these rights come legal responsibilities to maintain and preserve the property for the benefit of the remainderman.

1. Property Maintenance and Repairs

Life tenants must keep the property in good condition and perform necessary repairs. They cannot allow neglect to decrease its value (permissive waste).

2. Payment of Property Taxes and Expenses

The life tenant is responsible for:

• Property taxes
• Utility bills
• Regular maintenance costs
• Interest on any mortgage (though the remainderman is responsible for the principal balance)

Failure to pay taxes can result in a lien or foreclosure, impacting the remainderman’s future interest.

3. Avoiding Property Waste or Damage

A life tenant cannot destroy or devalue the property (affirmative waste). Any significant alterations must not diminish the property’s worth.

4. Insurance Considerations

Typically, the remainderman is responsible for maintaining insurance, as they will ultimately inherit the property. However, a life tenant should also insure their interest, especially for liability protection.

Common Misconceptions About Life Estates

1. Can a Life Tenant Be Evicted?

Generally, no. However, if they cause significant damage or fail to meet financial responsibilities (e.g., unpaid taxes), the remainderman may seek legal action.

2. Who Pays for Major Repairs?

Routine maintenance is the life tenant’s duty, but major structural repairs may require negotiation with the remainderman.

3. Can a Life Tenant Sell the Property?

A life tenant cannot sell the full property without the remainderman’s consent, but they can sell their life interest to someone else.

Final Thoughts

A life estate grants security but comes with obligations. Understanding these rights and duties helps prevent legal disputes and ensures smooth property transitions. Because life estate laws can be complex, consulting a Texas estate planning attorney is recommended to determine the best approach for your situation.

Published July 12, 2019. Updated March 10, 2025.