Can you recover property taxes and mortgage payments made on a jointly inherited home in Arizona?

Disclaimer: This is general information only and not legal advice. Consult a licensed Arizona attorney about your specific situation before acting.

Detailed Answer — How this works under Arizona law

Short answer: Yes — in Arizona a co-owner who pays property taxes, mortgage payments, insurance, or other necessary charges on a jointly owned (including jointly inherited) property can generally seek contribution or an accounting in a partition action. The court can credit those payments against the co-owner’s share of proceeds or create an equitable lien or money judgment in favor of the paying co-owner. How much you recover depends on the facts: whether the payments were necessary, who benefited, whether the payments preserved value, documentation you keep, and whether you asked the other co-owner to contribute.

Partition actions in Arizona follow the statutory and equitable rules that let the court divide or sell jointly owned real property and resolve financial equities among owners. See Arizona Revised Statutes (A.R.S.) governing civil actions and partition (see Title 12 and related sections for partition procedures). For statutes and text, consult the Arizona Revised Statutes at the Arizona Legislature website: https://www.azleg.gov/ars/.

Why co-tenants can get credit

When multiple people own property together (co-tenants or heirs owning as tenants in common), expenses that preserve the property’s value—such as property taxes, mortgage payments to avoid foreclosure, hazard insurance, and necessary repairs—are generally considered charges that benefit all owners. If one co-owner pays more than their share, equitable principles (and the court supervising the partition) normally allow that co-owner to be reimbursed by the other owners out of the proceeds of the sale or by way of an accounting in the partition.

Typical remedies a court can grant in a partition action

Credit or offset against the paying co-owner’s share of sale proceeds.
A money judgment for contribution from the nonpaying co-owner(s).
Equitable lien on the property in favor of the paying co-owner for amounts paid to protect the property’s value.
An order allocating costs, including legal fees, to the parties as the court deems fair.

Factors courts consider

Arizona courts (like courts elsewhere) evaluate whether payments were:

Necessary to preserve the property (taxes to prevent tax sale; mortgage payments to avoid foreclosure);
Made for the benefit of all co-owners (not purely for personal gain);
Reasonable in amount and properly documented; and
Not voluntary improvements that primarily benefited the payer (improvements may be treated differently than necessary charges).

Mortgage payments vs. property taxes

Mortgage payments: If the mortgage encumbers the property, payments reduce the secured debt and thus increase the equity available to all owners. A paying co-owner frequently receives credit for mortgage payments made to keep a lender from foreclosing. If the mortgage is in only one co-owner’s name, courts will still consider whether the payments preserved value for all owners and may award contribution.

Property taxes: Taxes are generally treated as necessary charges to preserve title. Paying co-owners can usually obtain reimbursement for taxes paid from sale proceeds because nonpayment could result in a tax lien or tax sale that would harm all owners’ interests.

What you must prove in a partition case

Ownership and that the property is jointly owned (e.g., heirs as tenants in common).
That you made the payments (clear records: canceled checks, bank statements, mortgage statements, receipts for tax payments, escrow records).
That the payments were necessary to protect or preserve the property (tax notices, foreclosure warnings, insurance lapse notices, repair invoices showing emergency or preservation work).
That the other owner(s) benefited and have not reimbursed you.

How recovery usually happens in practice

Typical routes:

Include a demand for an accounting and reimbursement in your partition complaint or in a counterclaim/answer. Ask the court to credit payments against proceeds or to enter judgment/lien in your favor.
Agree to a buyout: use your documented payments as credit toward buying out the other owner’s share.
Sell the property and ask the court to distribute proceeds after crediting your payments and any other liens or expenses.

Limits and defenses

Other owners can contest your claim by arguing payments were voluntary, excessive, unproved, or made for personal advantage. If you waited a long time to seek reimbursement, certain defenses or equitable reductions (or a statute of limitations for contract or unjust enrichment claims) could be raised. Timely notice/demand and prompt accounting in the partition improves your chance of recovery.

Helpful Hints — Practical steps to maximize recovery

Keep meticulous records: canceled checks, bank/escrow statements, mortgage payoff histories, tax receipts, insurance bills, and repair invoices.
Document communications: written demand letters asking co-owners to contribute, emails, and texts about payments and intent to seek reimbursement are helpful evidence.
Preserve evidence of necessity: tax notices, foreclosure warnings, insurance cancellation letters, and contractor estimates for required repairs.
File a partition action (or include your claims in an existing action) and ask the court for an accounting and specific relief for the payments you made.
Consider whether a negotiated buyout is faster and cheaper than litigation—use your payment ledger as negotiating leverage.
Ask the court for pre-judgment relief if a foreclosure or tax sale is imminent so the property’s value is protected while the case proceeds.
Consult a licensed Arizona attorney early. An attorney can draft pleadings that preserve your claim for contribution, lien, or credit and can advise on whether other statutory rules apply.

Where to look in Arizona law

Partition actions and remedies are governed by state civil procedure and equitable principles. See the Arizona Revised Statutes and court rules for the procedural framework that applies to partition and related claims. For the text of Arizona statutes, visit the Arizona Legislature site: https://www.azleg.gov/ars/. When preparing pleadings you or your lawyer will reference the partition provisions and related case law interpreting contribution, equitable liens, and accounting in Arizona courts.

If you want help finding an attorney experienced in partition and real estate disputes in Arizona, consider contacting your local county bar association or the State Bar of Arizona lawyer referral service.

Remember: this article explains general Arizona principles and is not legal advice. Individual results depend on the facts and the records you can present.