Short answer

Under Idaho law, a co-owner who pays property taxes, mortgage payments, or other necessary costs to preserve or protect jointly owned real estate can often obtain an accounting and a credit or reimbursement in a partition action. The court may order the sale or division of the property and subtract a paying co‑owner’s proven contributions from the paying co‑owner’s share of the net sale proceeds, and in some circumstances can recognize an equitable lien or claim for contribution. Success depends on the facts, documentation, and the reasons for the payments.

Detailed answer — how this works in Idaho

When two or more people inherit property as co‑owners (for example, as tenants in common), any co‑owner may ask the court to partition the property if they cannot agree on keeping or dividing it. In Idaho, partition actions are equitable remedies: the court divides the property physically if possible, or orders a sale and divides the proceeds if physical division is impractical.

Because partition is equitable, the court can account for payments one co‑owner made for the property. That typically includes:

• Property taxes and assessments necessary to prevent tax sale;
• Mortgage payments required to avoid foreclosure or to preserve the property’s value; and
• Reasonable expenses to maintain or preserve the property (necessary repairs, insurance, utilities) — but not necessarily discretionary or extravagant improvements.

How a paying co‑owner is made whole:

• Accounting and credit: The court orders an accounting of all receipts and necessary expenditures and then adjusts each party’s share of the proceeds. If you paid taxes or mortgage payments that benefitted all owners, the court can give you a dollar credit against your share.
• Equitable lien or charge: In some cases, the court may impose an equitable lien or charge against the property to secure repayment to the payor. That lien attaches to the property and is satisfied out of sale proceeds before distribution.
• Contribution claim: If the mortgage or tax obligation was jointly owed, you may be entitled to contribution from other co‑owners for their proportionate shares.

Important limits and common issues:

• Necessity and benefit matter. Courts are more likely to reimburse payments that were necessary to preserve the property (e.g., taxes to avoid tax sale, mortgage payments to avoid foreclosure) than payments for discretionary upgrades that primarily benefited the payor.
• Documentation is critical. Keep tax bills, cancelled checks, bank records, mortgage statements showing principal reduction, insurance premiums, repair invoices, and any written communications with co‑owners.
• Timing and notice. If you paid because other owners failed to act, notice to those owners (demand for contribution) and prompt action in the partition will strengthen your claim. Long delay or failure to inform co‑owners can weaken equitable relief.
• Mortgage versus title. If the mortgage is only in the name of the payor (not all co‑owners), payments may still increase equity for all who hold title — but the payor’s remedies can differ. If only one owner is on the mortgage, the non‑mortgagor co‑owner may owe contribution for benefit received; conversely, the mortgagee’s rights (foreclosure) remain directed at the borrower who signed the mortgage.

Where to raise the claim. The usual route is to raise your claim for reimbursement, accounting, contribution, or an equitable lien in the partition lawsuit itself. The partition complaint (or answer/counterclaim) should ask the court to account for all necessary expenditures and to adjust distribution or impose a lien to reimburse the paying party.

Relevant Idaho authority. Partition actions are governed by Idaho’s statutory and equitable law. For the statutes and local rules applicable to partition actions and civil procedure, review the Idaho statutes and court rules at the Idaho Legislature website: https://legislature.idaho.gov/statutesrules/idstatutes/. Case law interpreting equitable relief in partition actions also guides how courts treat payments and liens.

Practical steps to protect your ability to recover payments

1. Document everything now: collect tax bills, mortgage statements (showing how payments changed principal), cancelled checks, bank transfers, repair bills, insurance receipts, and communications with the other co‑owner(s).
2. Send a written demand for contribution to the other co‑owner(s). A formal demand helps preserve your claim and can be helpful evidence in court.
3. Before agreeing to continue paying, get a written agreement or promise to reimburse if possible.
4. If co‑owners disagree and you want to end joint ownership, consult an attorney about filing a partition action that asks for an accounting and reimbursement or an equitable lien.
5. Consider alternatives: mediation or negotiated buyout can be faster and less expensive than court. A negotiated sale can expressly credit your payments in the buyout price.
6. Keep tax consequences in mind: reimbursement for mortgage principal payments is generally not taxable as income (it reduces basis), but consult a tax advisor about specifics.

Example (hypothetical facts)

Two siblings inherit a house as tenants in common. One sibling lives out of state and does not pay taxes or the mortgage. The sibling living in the house pays the property taxes and monthly mortgage payments for three years to avoid foreclosure. When the siblings cannot agree, the paying sibling files a partition action. In court the paying sibling produces tax receipts, mortgage statements that show principal reduction, repair invoices, and a demand letter. The court orders a sale and gives the paying sibling a credit for the documented taxes and mortgage payments (and may recognize an equitable lien), reducing the paying sibling’s share of the sale proceeds by the amount allowed for necessary expenditures.

When recovery may be limited

• If the payments were voluntary and primarily benefited the payor (for example, a luxury renovation that did not substantially increase market value), the court may deny reimbursement or treat the payment as an improvement that only increases value to be shared on sale.
• If you did not give notice or a demand and the other co‑owners detrimentally relied on your payments, equity can be complicated and may reduce your recovery.
• Statute of limitations or laches may affect stale claims. Prompt action is safer.

Helpful hints

• Keep the paper trail: tax notices, mortgage account ledgers, proof of payment, and repair invoices are the strongest evidence.
• Confirm who is on title and who signed the mortgage. Title determines ownership shares; mortgage documents determine who is personally liable to the lender.
• Ask the court for an accounting in your partition pleadings — this is the standard way to seek credit or reimbursement.
• Ask the court to recognize an equitable lien if you want a lien priority before distribution of proceeds.
• Consider mediation or settlement first — courts can be slow and costly; a negotiated agreement can allocate credit for payments directly and save time and fees.
• Talk to a local Idaho attorney about the best pleading practice and timing: co‑ownership and partition rules vary in application across districts.