Detailed Answer

Short answer: Under Colorado law, you may be able to recover property taxes and mortgage payments you made on a jointly inherited home when you bring a partition action, but recovery is not automatic. The court that handles a partition can order an accounting and give one co‑owner credit or reimbursement for payments made to preserve or maintain the property, depending on the facts, the nature of the payments, and the proof you provide.

How Colorado partition proceedings treat payments by one co‑owner

A partition action allows a co‑owner (for example, an heir who takes title as a co‑tenant) to force sale or physical division of property held together. Colorado law provides the statutory framework and the courts apply equitable principles when dividing proceeds or allocating the property.

In practice, when one co‑owner pays expenses that benefit the property (property taxes, mortgage payments, insurance, repairs), a Colorado court will consider those payments in the final accounting. The court can:

require the party who received the benefit to reimburse the paying co‑owner;
credit the paying co‑owner’s share of sale proceeds by the amount of permitted reimbursements; or
impose an equitable lien or adjustment where appropriate to avoid unjust enrichment of the other co‑owners.

Which payments are most likely recoverable?

Generally, courts distinguish between payments that preserve the property and those that merely advance one owner’s interests:

Property taxes: Taxes paid to preserve title or to avoid tax sale are usually recoverable as a contribution by the other co‑owners because they protect the whole property.
Mortgage payments: Payments that go to interest and principal on an encumbrance that affects the property’s value are treated differently. If the mortgage is a lien on the property, payments that reduce the principal preserve or increase the value for all co‑owners. A court will often give credit for amounts that actually reduced principal or for payments that prevented foreclosure. However, some courts limit recovery for interest or for payments that primarily benefited the paying party (for example, where that party alone expected to obtain sole ownership).
Insurance, HOA dues, and necessary repairs: Courts generally allow reimbursement for reasonable insurance premiums, homeowners association dues, and repairs required to preserve the property’s marketability.
Improvements: Costs of improvements that increase market value may be treated as an investment and can be credited or shared, but the payer must prove value added.

How to present a reimbursement claim in a Colorado partition action

Start the partition action (or defend one) in the proper Colorado district court. The partition statutes and court procedures are found in Colorado law; see the Colorado Revised Statutes and court self‑help resources at the Colorado General Assembly and Colorado Judicial Branch websites (see links below).
Include a request for an accounting and request specific credits or equitable relief for payments you made to preserve the property. Ask the court to: (a) deduct those payments from the gross sale proceeds before dividing them, or (b) otherwise order reimbursement or an equitable lien.
Collect strong documentation: mortgage statements showing payments and application to principal/interest, cancelled checks, bank transfers, escrow account records, county tax receipts, receipts for repairs, insurance invoices, and any written agreements between owners.
Be prepared to explain who benefited, why each payment was necessary, and whether any payment prevented foreclosure or tax sale. If the mortgage was solely in another person’s name, or if there was an agreement about who would pay what, that will affect the court’s decision.

Practical limits and common defenses

Defenses by the other co‑owners commonly include:

arguing the payment was voluntary and not required to preserve the property;
contending the payer received a direct benefit (for example, lived in the house) and so should not get full reimbursement;
claiming insufficient proof or lack of documentation for the amounts claimed; and
asserting that mortgage payments were primarily interest (which some courts treat less favorably than payments that reduce principal).

Colorado courts aim to prevent unjust enrichment. If your payments inured to the benefit of all owners, recovery is more likely.

Practical steps before filing

Keep a detailed ledger listing dates, amounts, payees, and purpose.
Request mortgage payoff statements and tax payment histories from the lender and county treasurer.
Try to negotiate a buy‑out or accounting with other co‑owners—settlement often saves time and court costs.
Consider mediation. Colorado courts frequently encourage alternative dispute resolution in partition cases.

Relevant Colorado resources

Colorado Revised Statutes and general information: Colorado Revised Statutes (see provisions on partition and civil procedure in the statutes). Colorado courts self‑help and forms: Colorado Judicial Branch Self‑Help.

When to get a lawyer

Partition actions can be fact‑intensive and require careful presentation of accounting and equitable arguments. If the amounts at stake are significant, if the other co‑owners oppose your claim, or if liens and mortgages complicate title, consult a Colorado real property attorney. An attorney can prepare pleadings that ask the court for appropriate credits, structure settlement talks, and preserve your evidence.

Disclaimer

This article explains general legal principles under Colorado law and is for educational purposes only. It is not legal advice, does not create an attorney‑client relationship, and may not reflect the most current law. For advice about your specific situation, consult a licensed Colorado attorney.

Helpful Hints

Document everything: bank records, cancelled checks, mortgage escrow statements, county tax receipts, and invoices.
Distinguish payments that reduce principal (usually more favorable) from payments that are pure interest.
Ask the lender for a formal payoff statement and for a breakdown of each payment’s application to principal vs interest.
Request an accounting early in the case so the court can see net equity before dividing proceeds.
Consider a settlement conference—co‑owners often settle for a credit or buy‑out that avoids a sale.
Keep copies of communications with co‑owners about payments and agreements about contributions.
If foreclosure is imminent, act quickly. Payments that prevent a foreclosure or tax sale are more likely to be credited.
Consult a Colorado real property attorney to review likely outcomes and to prepare the strongest claim for reimbursement under a partition action.