Recovering Payments Made on a Jointly Inherited Home in a Louisiana Partition Case

Disclaimer: This is general information and not legal advice. I am not a lawyer. For advice about your specific situation, consult a Louisiana attorney.

Short answer

If you paid property taxes, mortgage payments, or other necessary expenses on a home you inherited jointly with others, Louisiana law generally allows you to seek an accounting and reimbursement in a partition action. The court typically orders an accounting of payments and may give the paying co-owner credit against sale proceeds or require reimbursement, depending on whether payments were necessary, voluntary improvements, or made for the common benefit.

Detailed answer — how recovery works under Louisiana law

1. Partition actions and accountings

A partition action is the usual way co-owners settle ownership, sell the property, or divide it. The court will decide whether to divide the property physically or order a sale (licitation) and will typically require an accounting among co-owners before distributing sale proceeds. This accounting is where claims for taxes, mortgage payments, repairs, insurance, and other expenses are asserted and resolved. For more on partition actions, see the Louisiana Legislature’s law search (search “partition”): https://www.legis.la.gov/Legis/LawSearch.aspx?search=partition.

2. Types of payments that are commonly recoverable

Property taxes: Taxes paid to preserve the property or satisfy tax obligations are generally recoverable as expenses benefitting all co-owners. If you pay overdue taxes to prevent tax sale or to protect the property’s value, you can usually claim reimbursement in the accounting.
Mortgage payments: Recovery depends on whose debt the mortgage secures and whether payments were necessary. If the mortgage encumbers the property and co-owners are jointly liable (or the debt attaches to the co-owned property), payments that preserve the property’s value or prevent foreclosure are typically considered in the accounting. If one co-owner pays more than their share, the paying co-owner can often get credit for those payments.
Necessary expenses and repairs: Reasonable maintenance and necessary repairs to protect the property are usually recoverable. Voluntary or cosmetic improvements may be treated differently; the court may offset recovery by the increased value conferred by the improvement.

3. How the court treats payments in the accounting

During the partition proceeding the judge orders an accounting that lists each co-owner’s contributions and debts related to the property. The court commonly:

Credits the paying co-owner for taxes, mortgage payments, insurance, and necessary repairs they paid on behalf of all owners.
Subtracts liens and encumbrances (such as mortgages) from the sale proceeds before dividing the net proceeds among the co-owners.
Balances voluntary improvements by comparing the improvement cost against the appreciation in value those improvements produced; the paying co-owner may not recover the full amount for a luxury upgrade if it did not fairly benefit all co-owners.

4. Mortgage payments — special considerations

Mortgage payments can be complicated:

If the mortgage is secured by the property, the mortgage remains a lien that must be paid or assumed at the time of sale or partition. The sale proceeds are applied to satisfy liens first.
If you made mortgage payments that protected the property from foreclosure, a court may grant you a preferential reimbursement or a credit against the sale proceeds, especially where those payments preserved the estate’s value.
If payments were made on a loan solely in another co-owner’s name (and not a lien against the property) recovery depends on whether the paying owner can show the payments were made for the common benefit and whether the other owners were unjustly enriched. That claim is more fact-specific and may require proof and equitable relief.

5. What you must prove to recover

To maximize your chances in a partition accounting you should be ready to show:

Clear records of each payment (cancelled checks, bank statements, mortgage payoff statements, tax receipts, invoices, receipts for repairs or insurance).
Evidence the payments were necessary to preserve the property’s value (e.g., to prevent foreclosure, tax sale, or major damage).
Proof of ownership shares (will, succession documents, deed) so the court can apportion credits properly.

6. Practical outcomes you might expect

The court may order a sale and divide net proceeds after paying liens and reimbursing necessary expenses paid by a co-owner.
The court may award credits to the paying co-owner instead of full cash reimbursement when distribution is by in-kind division or when co-owners are allotted unequal shares.
The court may enter a money judgment against co-owners who were unjustly enriched or failed to contribute their share of necessary expenses.

How to protect your right to reimbursement

Keep detailed records of every tax, mortgage, insurance, and repair payment.
Notify co-owners in writing before making large discretionary expenditures when possible, and ask them to contribute.
Save proof that payments were necessary (foreclosure notices, tax delinquency notices, contractor estimates).
Consider seeking a partition by licitation (court-ordered sale) or negotiating a buyout—both can be faster than prolonged litigation.

Timing and practical steps

File a partition action to force sale or division and request an accounting. The court will examine contributions and liens and distribute proceeds accordingly. If you prefer to avoid court, try a written settlement or buyout with co-owners, using your payment records to support the amount you seek.

Where to find the controlling law

Partition procedure and related rules appear in the Louisiana Code of Civil Procedure and the Louisiana Civil Code provisions on co-ownership and obligations. For the official Louisiana legislative materials, use the Legislature’s search pages (example searches below):

Partition actions (Code of Civil Procedure): https://www.legis.la.gov/Legis/LawSearch.aspx?search=partition
Co-ownership topics and obligations: https://www.legis.la.gov/Legis/LawSearch.aspx?search=co-ownership

When to consult an attorney

Get legal help if:

Co-owners dispute the payments or refuse to contribute.
The mortgage or tax liens threaten foreclosure or sale of the property.
Payments are large or the ownership shares are unclear.

A Louisiana attorney can evaluate whether to seek partition, an accounting, a money judgment for contribution, or alternative remedies.

Helpful Hints

Document everything: save every receipt, bank statement, and mortgage coupon showing your payments.
Send written notices to co-owners when you make major payments; keep copies as evidence.
Request an informal accounting from co-owners before filing suit — sometimes records resolve disputes quickly.
Consider mediation or settlement to avoid the cost and delay of full partition litigation.
If the property faces imminent foreclosure or tax sale, act quickly; emergency relief or an immediate partition may be necessary.
Expect the court to offset voluntary improvements against any claim unless you can show they were necessary or increased market value for all owners.
Ask a lawyer about potential fees and costs: in some cases the court can award attorney fees to the prevailing co-owner or include them in the accounting.

For official statutes and specific article numbers, search the Louisiana Legislature’s website as linked above or consult an attorney who can cite and apply the exact Civil Code and Code of Civil Procedure provisions to your facts.