Short answer

Yes, often you can recover at least part of what you paid, but recovery depends on the type of payment, whether the payment benefited the property or other owners, and the facts you can document. In a Maine partition action a court will usually do an accounting and can give the paying co‑owner a credit, lien, or reimbursement from the sale proceeds if the payments were necessary or conferred a measurable benefit to the property.

Detailed answer — how Maine courts typically handle this

Basic legal framework

When two or more people inherit property together, they generally hold it as co‑owners (commonly tenants in common unless the will or deed says otherwise). Any co‑owner can ask the court to partition the property — usually by dividing physical parcels if that is practical, or by ordering a sale and dividing the proceeds. In a partition action the court will resolve not only the method of dividing the property but also equitable accounting between co‑owners for contributions, costs, taxes, mortgage payments, rents, and improvements.

Types of recoverable payments

• Property taxes: Payments of property taxes that were required to keep the property in good standing and prevent tax liens or sale are typically recoverable as a credit against the paying co‑owner’s share, because they prevent loss of value to everyone.
• Mortgage payments: Mortgage payments that reduce a joint mortgage principal or keep the loan current commonly give the paying co‑owner a right to contribution. The court may credit the payor for the principal portion that reduces the shared debt and sometimes for payments made to avoid foreclosure. Interest and late fees can be treated differently depending on whether they benefitted the parties equally.
• Necessary repairs and preservation costs: Expenses required to preserve the property’s value (e.g., emergency repairs, maintaining heat to avoid freeze damage) are often reimbursable.
• Improvements: Payments that increase value may be credited, but courts often distinguish between necessary repairs (reimbursable) and voluntary improvements (may increase the payer’s share only to the extent value was actually added).

How the court computes reimbursement

The court will conduct an equitable accounting. That means it will look at:

• Records of payments (tax bills, mortgage statements, cancelled checks, bank records, receipts);
• Who occupied the property and whether any occupant owes rent or enjoyed a benefit;
• Whether payments were necessary to prevent loss (foreclosure, tax sale, deterioration);
• Which payments reduced shared obligations (e.g., mortgage principal) and which were personal or discretionary.

Where appropriate, the court can:

• Order a monetary judgment against the other co‑owners for their share of payments made;
• Charge a lien or claim against the property or sale proceeds in favor of the paying co‑owner;
• Adjust each party’s share of the sale proceeds to reflect credits and debits revealed by the accounting.

Common factual examples (hypothetical)

Example 1: Two siblings inherit a house as tenants in common. Sibling A pays the property tax and mortgage for three years to prevent foreclosure while sibling B lives out of state and makes no payments. In a partition sale the court will likely credit Sibling A for those necessary payments and require sibling B to contribute their share from the sale proceeds.

Example 2: One heir makes a major kitchen renovation without the others’ consent. At partition the renovating co‑owner may recover some or all of the value added by the improvement, but the non‑consenting co‑owners may also get an offset for their share of costs if the improvement was not necessary.

Special issues with mortgage payments

Mortgage payments are complex because they may include principal, interest, escrow for taxes, and insurance. Practical points:

• Principal reductions lower the shared debt and are easier to credit to the payer.
• Payments that keep the loan current and prevent foreclosure are often held to benefit all co‑owners and can be reimbursed or result in contribution claims.
• If the paying co‑owner was subrogated to the lender by paying off the mortgage in full, the payor may have additional remedies (but subrogation claims are fact‑specific).

What you cannot always recover

• Payments that were purely voluntary gifts to the other owner and did not preserve or improve the property may not be reimbursable.
• Payments lacking documentation are harder to recover.
• Costs tied to personal usage (e.g., utilities while one co‑owner lived there) may be offset by rent credits or treated differently.

Where to look in Maine law

Maine law allows partition actions and courts have broad equitable powers to account between co‑owners. For statutory text and procedures, review the Maine Revised Statutes and court rules at the Maine Legislature and the Maine Judicial Branch:

• Maine Revised Statutes (official site)
• Maine Judicial Branch

These sites provide the controlling statutory language and procedural rules for filing partition actions and related claims in Maine courts.

What you should do now — practical steps

1. Gather documentation: mortgage statements, cancelled checks, bank records, tax bills, insurance bills, receipts for repairs, and any written communications about payments.
2. Send a written demand: Before filing, consider sending a clear written demand to co‑owners stating the amounts paid and requesting reimbursement or contribution; keep proof of delivery.
3. Consider mediation or settlement: Many partition disputes settle if co‑owners negotiate credits, sale proceeds splits, or buy‑outs.
4. File a partition action if necessary: In Maine you (or your attorney) can file for partition and ask the court to conduct an accounting and order appropriate credits, liens, or reimbursement.
5. Ask the court for an accounting and specific remedies: Specify in your complaint the payments you made and request a credit, lien against sale proceeds, or monetary relief.

Helpful hints

• Keep impeccable records — the better your documentation, the stronger your claim for reimbursement.
• Distinguish principal reductions from interest — courts commonly treat them differently.
• If you were protecting the property from foreclosure or tax sale, emphasize that in filings and correspondence.
• If possible, get written agreements from co‑owners about payments and how they’ll be treated in a future sale.
• Consider whether you want the property partitioned by sale or physically divided; the remedy you seek can affect the calculations and negotiation leverage.
• If one co‑owner occupied the property, expect the court to consider equitable rent or occupancy credits in the accounting.
• Consult a Maine attorney for help preparing the partition complaint and proving equitable claims — partition accounting is fact‑intensive and benefits from legal guidance.