Can you recover property taxes and mortgage payments you paid on a jointly inherited home in a partition action under Alaska law?

Short answer: Possibly. Under Alaska law a co-owner who pays necessary carrying costs for jointly owned real property—such as property taxes and mortgage payments—can often seek reimbursement, contribution, or a credit in a partition action. The court will decide based on the facts: who benefited, whether payments were necessary, the payment documentation, and whether the paying co‑owner sought relief timely. This article explains the common legal principles you are likely to encounter in Alaska and practical steps to improve your chance of recovery.

Detailed answer

When two or more people inherit real property as co‑owners (for example, heirs who own undivided interests), any owner may ask the court to partition the property. In Alaska, partition actions proceed under state civil procedure and property rules; you can find Alaska statutes and court rules online for reference: Alaska Statutes and the Alaska Court Rules at courts.alaska.gov.

In a partition action the court’s job is to divide the property (partition in kind) or sell it and divide the proceeds (partition by sale) so co‑owners receive their fair shares. Courts also address money claims between co‑owners as part of the partition proceeding. Relevant money claims commonly include:

Contribution for mortgage payments made to protect the property from foreclosure,
Reimbursement for property taxes paid to prevent tax sale or lien,
Credit for repairs or necessary expenditures that preserved property value, and
Offsets for use and occupation (rent or occupancy credit) if one co‑owner lived in the property and excluded others.

How courts evaluate these claims in Alaska generally follows equitable principles used in many jurisdictions:

Necessary and reasonable expenses that preserve the property’s value (taxes, mortgage payments to avoid foreclosure, urgent repairs) are more likely to be reimbursable or treated as a lien or priority against sale proceeds.
Voluntary or luxury improvements that increase value may be treated differently; the paying owner may recover only to the extent the improvement enhanced sale value or may share in the benefit proportionally.
If the mortgage is a joint obligation or a lien on the property, paying the mortgage generally benefits all co‑owners and may give rise to subrogation or a claim for contribution (one owner can ask other owners to pay their share).
If the mortgage is solely in another owner’s name but the property secures it, payments that prevent foreclosure typically preserve everyone’s interest and are usually recoverable in whole or in part.

In practice, in the partition case a judge can:

Order an accounting and give the paying co‑owner credit against the property proceeds for taxes and mortgage payments they proved were necessary,
Order reimbursement from co‑owners for their pro rata shares,
Place a lien or equitable charge on the property or sale proceeds for amounts paid, and/or
Distribute sale proceeds after deducting necessary expenses (including mortgage payoff and taxes) and order contribution among owners.

Because outcomes turn on the facts and how the record is presented, clear evidence that payments were made, that they were necessary to preserve the property, and that you gave co‑owners notice will help your claim. Courts also weigh any agreement among owners (written or oral) and whether you sought relief promptly.

Key evidence the court will expect

Copies of cancelled checks, bank statements, or payment receipts showing taxes or mortgage payments you made.
Mortgage statements and payoff figures showing the balance and how your payments affected the loan.
Property tax bills, tax notices, and any communications about impending tax sales or liens.
Written communications (emails, letters, texts) to co‑owners explaining payments and asking for contribution.
Appraisal or valuation evidence if you claim credit for improvements that increased value.

Typical court remedies

Remedies can include monetary reimbursement, credit against the proceeds from sale, an equitable lien, or an order that co‑owners pay their proportional share. The court can also order sale of the property and distribute proceeds after deducting necessary carrying costs.

When recovery is less likely

You paid amounts for nonessential or purely cosmetic improvements without notice or agreement.
The paying owner sat on rights for an extended time and the delay prejudiced others.
There is a written agreement allocating costs differently and it controls the parties’ obligations.

Helpful Hints

Document everything: keep copies of tax bills, mortgage statements, and proof of payment.
Notify co‑owners in writing when you make payments and request reimbursement promptly.
If foreclosure or tax sale is imminent, act quickly—courts are more likely to reward necessary, protective payments made to preserve the property.
Ask the court for an accounting in your partition complaint and request specific relief (credit, lien, or reimbursement) so the judge can rule on your claim.
Consider mediation or settlement early—partition suits are costly and co‑owners often reach agreements about sale or buyout and how to treat prior payments.
Talk to a local Alaska attorney about procedural rules and timing; civil procedure nuances can affect your claim in a partition case.

Where to look in Alaska law

Alaska’s statutes and court rules set the procedures for partition and civil remedies. For general statute and rule resources, see the Alaska Legislature site: https://www.akleg.gov/basis/statutes.php and the Alaska Court Rules at https://courts.alaska.gov/rules/index.htm. Because partition remedies involve equitable accounting, look also to Alaska case law for examples of how courts have treated reimbursement, credits, and liens in partition suits.

Important: this article explains common legal principles but cannot predict the result in your case. Outcomes depend on the precise facts, documents, and timing. You should consult a licensed Alaska attorney who can review your documents, explain local practice, and file or defend a partition action on your behalf.

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