Recovering Property Taxes and Mortgage Payments in a Connecticut Partition Action

Short answer: Under Connecticut law you may be able to recover or receive a credit for property taxes and mortgage payments you made on jointly inherited real estate when the co-owners cannot agree and the property is partitioned. Connecticut courts address these issues in the partition proceeding by requiring an accounting and adjusting the distributions or by awarding a money judgment or equitable lien when appropriate. Whether you recover all, part, or none of what you paid depends on the facts: whether payments were necessary to preserve the property, whether they reduced the property’s debt (principal vs. interest), any agreements among the co-owners, and the timing and proof of payments.

Detailed answer — how Connecticut law treats taxes, mortgage payments, and partition

Partition in Connecticut is a judicial remedy to divide or sell commonly owned real property when co-owners cannot agree. The statutory starting point for partition actions is Conn. Gen. Stat. § 52-495 and the following sections, which govern the court’s power to order partition and related procedures. See the Connecticut General Assembly for the statutes governing partition: Connecticut General Assembly.

Here are the key principals a Connecticut court will consider during a partition action when one co-owner has paid property taxes or mortgage payments:

• Accounting for rents, profits, taxes, and necessary expenses. In a partition action the court can require an accounting of rents, profits, taxes, assessments, and necessary expenditures that affect the property’s value. The court can then adjust the shares or proceeds to reflect those amounts. If you paid property taxes or other necessary expenses to prevent loss of the property, the court commonly gives the paying co-owner credit or reimbursement from the proceeds of sale or from other co-owners’ shares.
• Treatment of mortgage payments (principal vs. interest). Mortgage payments often have two components: principal and interest. Paying interest and taxes is usually treated as an expense of maintaining the property and can be charged against the non-paying co-owners so the payer is reimbursed. Payments of principal that reduce the mortgage balance increase the property equity. A court may treat principal payments differently — instead of simple reimbursement, the payer’s contribution that increased equity may be recognized either as an adjustment to distribution of proceeds or as an equitable lien or subrogation to the mortgage to reflect the payer’s increased stake.
• Necessary vs. voluntary payments; preservation of value. Payments made to preserve property value (e.g., taxes to prevent tax sale, insurance, emergency repairs) are more likely to be reimbursable. Payments that are purely voluntary or for improvements that one co-owner wanted may be treated differently; improvements that increase the property’s value may give rise to a claim for contribution or an award to reflect increased value, but the court will weigh the circumstances.
• Equitable remedies — credit, lien, or judgment. Connecticut courts apply equitable principles in partition disputes. Remedies include: (a) credit against proceeds at sale, (b) an equitable lien on the property to secure repayment, or (c) a separate money judgment against co-owners for their share of the payments. Which remedy is available depends on the facts, evidence, and timing.
• Timing and pleading the claim. If you intend to seek reimbursement for taxes or mortgage payments, raise that request in the partition action: ask the court for an accounting and an order crediting or reimbursing you. If you wait too long or fail to assert your claim properly, you risk losing rights or making collection harder. Bring documentation and plead clearly so the court can resolve the accounting as part of the partition.
• Effect of agreements among co-owners. Any written agreement among co-owners about payment obligations, who will live in and maintain the property, or who will assume mortgage payments will strongly influence the outcome. Courts generally enforce reasonable agreements between co-owners.
• Mortgage lender priorities and recording. If you paid the mortgage, you cannot automatically assume you have priority over the mortgage lender’s rights. Paying down a mortgage does not erase the lender’s lien obligations to the extent of any senior recorded encumbrances. If you expect reimbursement by lien, consult counsel quickly about recordable interests and how to protect your position.

How to proceed practically in Connecticut

1. File or join the pending partition action in Connecticut Superior Court (partition is governed by the statutes cited above). Ask the court for an accounting of taxes, mortgage payments, rents and profits and for an appropriate adjustment or reimbursement.
2. Collect and organize evidence: canceled checks, bank transfers, escrow statements, mortgage payoff histories, property tax bills, receipts for insurance and repairs, and any written communications among heirs or co-owners.
3. Detail how each payment preserved or increased the property’s value. Identify which payments were business-as-usual obligations (e.g., property taxes, insurance, mortgage interest) versus payments that improved the property.
4. Consider asking for appointment of a receiver or a commissioner if the property is producing rents or if there is a need to protect value during the litigation.
5. If co-owners dispute amounts, request an accounting and, if needed, present testimony or expert valuation showing how payments affected equity or sale proceeds.

What you should bring to the first meeting with a Connecticut attorney

• Copies of all mortgage statements, loan payment histories, and escrow analyses showing principal and interest breakdowns.
• Property tax bills and proof of payment (bank records, cancelled checks, tax receipts).
• Any written agreements, letters, emails, or text messages between co-owners about payment responsibilities or expectations.
• Evidence of any repairs, insurance payments, or other expenditures to preserve the property.
• Title information showing ownership shares and any recorded liens or encumbrances.

Limitations and practical considerations

Every partition case is fact-specific. Courts exercise equitable discretion when allocating costs and credits among co-owners. Outcomes often depend on the strength of documentation, whether payments were required to avoid loss, and any prior agreements. Also consider taxes and the costs of litigation: sometimes a negotiated buyout or sale by agreement is less costly and faster than a contested partition action.

Relevant Connecticut statute (starting point)

Partition actions are governed by Connecticut statutes that give the court authority to order partition and related relief. See Conn. Gen. Stat. § 52-495 et seq. for the statutory framework on partition proceedings. For statutory text and further sections, consult the Connecticut General Assembly: https://www.cga.ct.gov/.

Helpful Hints

• Start documenting now: keep clear records of every tax and mortgage payment you make, with dates and account details.
• Distinguish in your records payments of principal from interest; the legal treatment often differs.
• Look for any written agreement among heirs or co-owners—these can decide the issue faster than litigation.
• If you paid taxes to prevent a tax sale, point that out in the partition pleading; courts give weight to necessary preservation payments.
• Ask the court for an accounting and express request for credit or reimbursement in your partition pleadings—don’t assume the court will automatically consider unpaid contributions without being asked.
• Talk to a Connecticut real estate or probate civil litigation attorney early. They can help frame claims (contribution, unjust enrichment, equitable lien, accountings) and preserve your rights.
• Consider alternative dispute resolution (mediation) if the co-owners might reach a negotiated settlement that avoids the time and cost of a contested partition.

Disclaimer: This article explains general principles of Connecticut law and describes common outcomes in partition cases, but it is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation and to protect your legal rights, consult a licensed Connecticut attorney.

Useful links: Connecticut General Assembly (statutes): https://www.cga.ct.gov/; Connecticut Judicial Branch: https://jud.ct.gov/; Connecticut Bar Association (lawyer referral): https://www.ctbar.org/.