Yes. When two life tenants hold a life estate together as cotenants, one of them may bring a partition action against the other. However, that right extends only to division of their shared life-estate interest and does not permit partition of the remaindermen’s separate future interests.
Payton’s undivided interest in the life estate gave him the essential element needed for a tenancy in common, viz: unity of present possession with Pappas. They are thus tenants in common of Pappas’ life estate, but they are nevertheless not entitled to partition against the remainder. Garcia-Tunon applies the generally accepted rule that as between cotenants of an estate for life, one may maintain a suit for partition against the other, but in the absence of positive statutory authorization, the holder of a life estate cannot maintain an action for partition against the remaindermen.
See: Barden v. Pappas, 532 So. 2d 707
Related:
Who can file a partition lawsuit in Florida?
Who Pays For a Partition Action in Florida?
Inherited Property And Partition: When Your Sibling Won’t Sell
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