Detailed Answer

Short answer: Often yes — you can ask a court in Illinois to reimburse property taxes and mortgage payments you made on a jointly owned, inherited home as part of a partition action. The court handles an accounting of expenses, credits the paying co‑owner for necessary and reasonable outlays, and can order reimbursement from sale proceeds or impose a lien. The exact result depends on the facts: who paid, what the payments covered, whether they were necessary to preserve the property, and whether the payer sought reimbursement promptly.

How Illinois law treats co‑owners and partition actions

When multiple people own undivided interests in the same real property (typical after a joint inheritance), any co‑owner may file a partition action to divide or sell the property and distribute the proceeds. The statutory framework for partition actions in Illinois is found in the Illinois Code of Civil Procedure, 735 ILCS 5/15‑1 et seq.; see the partition statutes here: 735 ILCS 5 (Code of Civil Procedure) — Partition provisions.

What the court can order in a partition action

In a partition action, the court does two things relevant to your question:

• It orders an accounting between co‑owners. That includes rents, profits, and necessary expenses (such as property taxes, insurance, and payments made to avoid foreclosure).
• It divides the property or orders a sale and distributes net proceeds. The court can adjust distributions to reflect credits or charges resulting from the accounting.

Practically, that means if you paid property taxes, penalties, insurance, or mortgage payments that were necessary to preserve the property or prevent foreclosure, you can request that the court give you credit or order reimbursement from the sale proceeds. The court determines whether the payments were reasonable and necessary and how they should be allocated among co‑owners.

Typical categories of payments and how a court commonly treats them

• Property taxes and assessments: Courts commonly allow credit for taxes and assessments paid to keep the property in good standing. Taxes are usually considered necessary expenses and are pro rata credits against proceeds.
• Mortgage payments: Payments that preserve the property (for example, payments to avoid foreclosure or keep escrowed insurance/tax accounts current) are more likely to be reimbursable. If the mortgage is in the names of all co‑owners, each co‑owner remains liable and a paying co‑owner can seek contribution. If the mortgage is only in one party’s name, the court still may allow reimbursement if the payments benefited all owners.
• Improvements or voluntary upgrades: Payments that are purely discretionary improvements may not be fully reimbursable as an expense, but the payer may recover some value through an accounting (credit for enhanced value) if the improvement increased the sale price.
• Rents and profits: A co‑owner in possession who received rents typically must account to the others. Offsetting credits for taxes or mortgage payments may be applied against rents, depending on the facts.

What you should do to preserve your right to reimbursement

Follow these steps to maximize the chance of recovery:

1. Keep detailed records: save mortgage statements, cancelled checks, bank records, tax receipts, escrow account statements, and notices showing amounts paid and dates.
2. Document intent and necessity: if you made payments to prevent foreclosure or to maintain insurance, keep correspondence or notices that show the risk you prevented.
3. Notify co‑owners in writing: tell the other owners what you paid, why, and request contribution. A prior demand helps later proof of reasonableness.
4. Include an accounting claim in the partition complaint or answer: ask the court for an accounting and for credits or liens for sums advanced.
5. Ask for a lien or reimbursement order: the court can direct that sale proceeds pay advances or create a lien to secure repayment.

Practical examples (hypothetical)

Example A: Four siblings inherit a house as tenants in common. One sibling pays the annual property tax bill for two years and keeps the insurance current to prevent cancellation. In a partition by sale, the paying sibling produces receipts and asks the court for a credit equal to one‑quarter of the taxes and insurance (or full reimbursement if they covered amounts due for the whole property). The court commonly awards an appropriate credit or repayment from sale proceeds.

Example B: One co‑owner, without consulting the others, pays for an expensive custom kitchen renovation. At partition, the court may not allow full reimbursement as ordinary expense, but it may consider whether the renovation increased the property’s market value and award a partial offset.

Limitations and common pitfalls

• Timing and notice matter. Waiting years to seek contribution or failing to notify co‑owners reduces your credibility.
• Voluntary payments that do not preserve or benefit the property are less likely to be reimbursed.
• If you alone held title to the mortgage (or the mortgage was taken out in only one heir’s name), the court evaluates benefit and fairness — ownership structure affects outcome.
• State and local tax law differences, property liens, and bankruptcy can complicate recovery.

Where this appears in statute and case practice

Partition procedure and the court’s equitable powers are codified in the Illinois Code of Civil Procedure. See the partition provisions: 735 ILCS 5/15‑1 et seq.. Illinois courts have long recognized the equitable principle that a co‑owner who advances necessary sums for taxes, insurance, or mortgage obligations may be entitled to contribution or an accounting in partition. For precise case law applicable to your situation, consult a licensed Illinois attorney.

Next steps — how to proceed now

1. Collect and organize proof of all payments (tax bills, cancelled checks, mortgage statements, escrow records, insurance invoices).
2. Send a written demand to co‑owners asking for contribution and keep copies.
3. Consult an Illinois real estate or civil litigation attorney promptly. An attorney can evaluate whether to start a partition action, assert an accounting claim, or negotiate a settlement.
4. If you move forward with partition, include a clear accounting and request for credits or lien in your pleadings.

Helpful Hints

• Keep a single folder (digital and paper) for all property records: tax bills, insurance, mortgage statements, repairs, and correspondence.
• Make payments by traceable methods (checks, bank transfers) so you have proof.
• Act quickly: prompt demands increase the chance of reimbursement.
• Consider a temporary agreement among co‑owners for payment sharing while you negotiate — courts favor co‑operation.
• Ask the court for a lien if you fear co‑owners will dissipate value before sale.
• Be prepared for negotiation: many partition cases settle if the parties can agree on credits and sale structure.

Disclaimer: This article explains general principles of Illinois law for informational purposes only. It is not legal advice, and it does not create an attorney‑client relationship. For advice tailored to your facts, consult a licensed Illinois attorney.