Short answer

Yes — under Alabama law you can ask the court in a partition action to recognize and account for property taxes, mortgage payments, and other necessary expenditures you paid on a jointly inherited home. The court can give you credit, order reimbursement, or adjust the division of proceeds from a partition sale to reflect those payments. The exact result depends on the facts (who lived in the house, whether payments were necessary, whether they benefited all co-owners, and available records).

Detailed answer — what the court will consider

When co-owners inherit real property as tenants in common, each has an undivided interest in the property. If co-owners cannot agree on continued joint ownership, any co-owner may file a partition action asking the court to divide the property physically (partition in kind) or to sell it and divide the proceeds (partition by sale). See Alabama partition statutes for procedure.

In that partition process, Alabama courts apply equitable principles to make sure one co-owner does not unfairly pay for the property’s upkeep and expenses without compensation. Typical rules the court follows include:

• Accounting for Necessary Expenses: Payments that were necessary to preserve the property — property taxes, insurance, mortgage payments required to avoid foreclosure, and reasonable repairs — are generally treated as expenditures for the benefit of all co-owners. The paying co-owner can request an accounting and ask to be reimbursed or given a credit against the share of proceeds on sale.
• Occupancy and Exclusive Use: If one co-owner lived in and exclusively used the property, the court may offset reimbursement by charging rent or a share for exclusive possession. In other words, reimbursement for payments isn’t automatic: the court balances benefits and burdens between owners.
• Voluntary or Extraordinary Improvements: Payments for voluntary, nonessential improvements (luxury upgrades) may not be fully reimbursable. Conversely, reasonable repairs made to preserve value are more likely to be credited.
• Mortgage Payments and Lender Priority: If mortgage payments were necessary to avoid default or foreclosure, the paying co-owner’s outlays will usually be credited. A co-owner who fails to contribute to mortgage payments may lose their share or risk foreclosure wiping out equity; courts often recognize contributions toward mortgage principal as reducing the mortgage balance and preserving equity for all owners.

Alabama statutory law establishes the partition action framework and gives courts equitable powers to adjust distribution. See the Alabama partition statutes (Title 35, Chapter 6) for governing procedure and remedies: https://www.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-1.htm (statutory partition procedures and remedies).

What the court will likely do in practice:

1. Require an accounting of all payments made for taxes, mortgage, insurance, repairs, and improvements.
2. Determine which payments were necessary to preserve the property and which were personal or voluntary.
3. Credit reimbursements or offsets against the paying co-owner’s share of the sale proceeds, or impose an equitable lien for repayment.
4. If the court orders sale, divide net proceeds after giving appropriate credits and accounting adjustments.

Important practical point: If you can show receipts, canceled checks, mortgage statements, tax bills, bank records, and proof of who lived in the house when — and why the payments were necessary — you increase the chance the court will award reimbursement or a credit.

Hypothetical example

Suppose two siblings inherit a house as tenants in common. Sibling A lives in the house and pays the mortgage, property taxes, and insurance for three years. Sibling B lives elsewhere and contributes nothing. Sibling B files for partition by sale. In the partition action, Sibling A can present paid mortgage statements, tax receipts, and insurance bills and ask the court for an accounting. The court may credit Sibling A for necessary mortgage and tax payments but also may charge Sibling A for the reasonable rental value of exclusive use. The final division of sale proceeds will reflect both the credits for payments and any offset for exclusive occupancy.

How to prepare if you’ve been making payments

• Collect documentation: mortgage statements (showing principal and interest), canceled checks, bank transfers, tax receipts, homeowner’s insurance invoices, and receipts for repairs.
• Document occupancy: lease agreements, utility bills, or other proof that shows who lived in the house and when.
• Track purpose: label each payment (tax, insurance, principal, interest, repair) because courts treat these differently.
• Try to communicate in writing with co-owners about payments and expectations; email or text records help show intent and notice.
• Consider asking for a written agreement among co-owners on payments and credits to avoid litigation.

Next steps — practical options under Alabama law

• Negotiate a buyout: Offer to sell your interest to the other co-owner(s) after crediting your payments.
• File a partition action: If negotiation fails, a partition lawsuit forces a sale or division; request an accounting and credit for your payments as part of your relief.
• Ask for interim relief: If the property faces foreclosure for unpaid mortgage, seek emergency relief to prevent loss of entire equity.
• Talk to an attorney: A lawyer can draft pleadings that ask the court to (a) order an accounting, (b) impose an equitable lien, and (c) allocate credits on sale proceeds.

Helpful hints

• Keep meticulous records — courts heavily rely on documentary proof.
• Distinguish between payments that preserve the property (taxes, insurance, necessary mortgage payments, repairs) and optional improvements.
• If you live at the property, calculate reasonable rental value to anticipate offsets against reimbursement.
• Understand timing: the longer you wait, the harder it can be to reconstruct proof and the more likely disputes over credibility will arise.
• Consult an Alabama real property attorney early — they can advise on pleading an accounting and asserting equitable liens or credits in a partition action.
• Review the Alabama partition statute for procedure and available remedies: https://www.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-1.htm