Rule 1564.Life Estates.
Adopted April 26, 1955 · Not amended since adoption · Last verified June 30, 2026
In one sentenceRule 1564 lets property subject to a life estate be partitioned upon security ensuring the life tenant continues to receive the property's rental value, interest, or income.
Full Text of Rule 1564
Property subject to a life estate may be partitioned upon the entry of security as the court may direct conditioned upon the payment of annual rental value, interest or income of such property to the life tenant. If a life tenant is entitled to exclusive possession of any part of the premises subject to partition, the court may deny partition of that part or may direct partition subject to such exclusive right of possession.
End
Plain-English Summary
A life estate lets someone use property for life before it passes to others. This rule lets such property be partitioned anyway, so long as security is entered to guarantee the life tenant keeps receiving the annual rental value, interest, or income. The protection lets the remaindermen divide the property without cutting off the life tenant's rights.
Frequently Asked Questions
Can property with a life estate be partitioned?
Yes, upon security ensuring the life tenant continues to receive the property's rental value, interest, or income.
Official Note
Official Note: adopted April 26, 1955, effective November 1, 1955.
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. This rule has not been amended since its adoption. Last verified June 30, 2026. ·
Official text
Also known as: life estate partitionlife tenant securitypartition with life estate