Detailed answer (Kansas law)

Short answer: Possibly. Under Kansas law a co-owner who pays property taxes, mortgage payments, or other necessary expenses for jointly owned real estate may be able to obtain reimbursement or a credit in a partition action, but recovery depends on the facts, documentation, and equitable principles the court applies.

Why this matters: When two or more people inherit real estate as tenants in common (each owning an undivided share), one co-owner often ends up paying taxes or the mortgage to keep the house from falling into default. If the property later gets partitioned (sold or divided), the paying co-owner usually seeks credit so those outlays reduce their share of the sale proceeds.

Relevant Kansas statute

Kansas has a statutory procedure for partition actions. See K.S.A. chapter 60 (partition statutes), especially the general partition provision at K.S.A. 60-1001. That statute governs when and how real property held in common can be partitioned. In a partition action the court has broad equitable powers to determine fair distribution, including making allowances for payments made by one cotenant.

How Kansas courts typically treat payments by one cotenant

• Nature of ownership. Each co-owner holds an undivided share. A co-owner who pays taxes or the mortgage generally preserves the property for all owners, not just themselves.
• Credit or reimbursement. Courts often allow reimbursement or a credit against the paying co-owner’s portion of sale proceeds for necessary expenses that benefited the property (e.g., taxes, insurance, foreclosure-avoiding mortgage payments, repairs required to preserve value).
• Necessary vs. voluntary payments. Necessary payments to protect the property (taxes to avoid tax sale, mortgage payments to avoid foreclosure, emergency repairs) are more likely to be reimbursed than purely voluntary improvements that increase value; however, some improvements may also be compensated if they increased sale value.
• Equitable lien or accounting. Kansas courts may order an accounting between cotenants and may place an equitable lien or charge on the property or the proceeds to secure reimbursement.
• Timing, notice, and consent. Courts look at whether the paying cotenant gave notice to the others or acted without chance to consult. Payments made after proper notice or after demand for contribution carry stronger claims. Conversely, long unilateral conduct without notice can complicate recovery.
• Mortgage payments and lender’s lien. Paying the mortgage preserves the lender’s lien rather than creating new title. A paying cotenant does not remove the lender’s right, but can seek contribution from co-owners for the portion attributable to their shares.

How the court decides dollar amounts

The court will usually require detailed proof: cancelled checks, bank statements, escrow or mortgage statements, tax receipts, invoices for repairs, and any communications (emails, letters) demanding contribution. The judge will weigh whether the expense was reasonable, necessary, and benefitted the entire property and then award a dollar credit or a lien accordingly. Interest on payments and attorney fees may be available in some circumstances, but those outcomes depend on the facts and the court’s equitable discretion.

Common outcomes in Kansas partition cases

• Credit against sale proceeds: The most common remedy is deducting the paying co-owner’s proven expenditures from the amount they otherwise owe upon distribution of the sale proceeds.
• Equitable lien or charging order: The court can charge the property with the amount owed, so reimbursement survives until sale.
• Accounting and offset: If the other cotenant received rent-free occupancy or other benefits, the court may offset those benefits against the paying co-owner’s claim.
• Dismissal or limited recovery: If the payer cannot prove the payments were necessary or that the others benefited, recovery may be denied or limited.

Hypothetical examples

Example 1 — Taxes paid to avoid tax sale: Alice and Ben inherit a house 50/50. Alice pays three years of property taxes to avoid tax sale. In partition, Alice can present tax receipts; the court is likely to credit her one-half (or an appropriate portion) of those payments against distributions, because the payments preserved the property.

Example 2 — Mortgage payments to avoid foreclosure: Same facts, but a mortgage is in default. Alice pays the mortgage to stop foreclosure. She will likely receive contribution from Ben for Ben’s share, or a credit in the partition distribution, especially if Alice documented the payments and attempted to get Ben to contribute.

Example 3 — Voluntary cosmetic improvement: Alice spends money to add a pool without telling Ben. If the pool increased market value, Alice might recover some portion, but courts scrutinize such unilateral, nonessential improvements more closely.

Practical steps to preserve your right to reimbursement

1. Keep records: Save all receipts, canceled checks, bank statements, mortgage and tax statements, invoices, and proof of payment.
2. Document communications: Send written notices or demands for contribution to the other co-owners. Keep copies of any replies.
3. Explain necessity: Show why payments were necessary (foreclosure risk, urgent repairs, tax deadline) and how they benefitted the property.
4. Plead appropriately in court: In a partition action, ask the court for an accounting and for a credit or equitable lien for your outlays. Ask for an order that proceeds be distributed after deducting your proven expenditures.
5. Consider alternatives: Sometimes buyout negotiations, temporary possession agreements, or settlement can avoid litigation and yield faster recovery.

Where to look in the Kansas statutes: Start with the partition statutes in the Kansas Statutes Annotated: K.S.A. 60-1001 (general partition rules) and nearby sections governing judicial sale and partition procedure. These statutes provide the court’s procedural framework; equitable claims for contribution and accounting arise in the partition litigation and through general equitable principles applied by the court.

Note: Statutes set the procedures; courts apply equitable doctrines and consider case-specific facts when awarding credits, liens, or reimbursements.

Helpful Hints

• Preserve every receipt and statement. Without documentary proof a judge may deny recovery.
• Give written notice or demand to co-owners before or soon after you make payments. Courts favor transparency and attempts to resolve the matter informally.
• Distinguish between necessary payments (taxes, mortgage, emergency repairs) and voluntary improvements (luxuries). The former more reliably produce reimbursement.
• Ask the court for an accounting in the partition complaint or answer, and specifically request a credit or equitable lien for your payments.
• Consider mediation or settlement to avoid the uncertainty and cost of litigation; many partition cases settle once parties see the accounting.
• If foreclosure is imminent, act quickly to preserve the property; make payments, document them, and notify co-owners to preserve your rights to reimbursement.
• Consult a Kansas attorney experienced in real property and partition actions to evaluate your likely recovery, draft pleadings, and present the accounting convincingly to the court.

Important disclaimer: This article explains general principles of Kansas law and is for informational purposes only. It is not legal advice. Your situation may turn on specific facts, and laws and court interpretations change. Consult a licensed Kansas attorney to get advice tailored to your case.