Detailed Answer

Short answer: sometimes. Whether you can deduct or recover the mortgage, property taxes, insurance, and other carrying costs you paid before or during a sale depends on the legal context (marital divorce, co‑ownership between unrelated parties, estate administration, or a partition lawsuit) and the proof you can present. Pennsylvania courts will look at the facts, any agreements between owners, and statutory rules when deciding whether to grant reimbursement or a credit against sale proceeds.

1) If you are divorcing (equitable distribution)

In Pennsylvania equitable distribution cases, the court divides marital property fairly, not necessarily equally. The statute requires the court to consider factors including each spouse’s contributions to the acquisition, preservation, or improvement of marital property. That means if one spouse paid mortgage, property taxes, insurance, or made repairs, the court may factor those payments into the distribution. See 23 Pa.C.S. § 3502 for the statutory factors the court must consider: 23 Pa.C.S. § 3502 (Chapter 35).

How it typically works: the court may (a) award a larger share of the sale proceeds to the spouse who made the payments; (b) order reimbursement for certain expenditures; or (c) adjust the property division so that contributions are reflected in the final split. The outcome depends on total marital assets, debts, the nature of the payments (were they for marital benefit or for separate property?), and the ability to document the payments.

2) If you are co‑owners but not married (cotenant disputes or partition)

Between unmarried co‑owners (joint tenants or tenants in common), the law focuses on whether expenditures were made for the common benefit of the property. Generally:

• If a co‑owner paid a mortgage, taxes, or necessary maintenance and those payments preserved the property, a court may allow that co‑owner a credit (an accounting) when the property is sold or in a partition action.
• If the paying co‑owner received rent or other benefit in return, the court may offset those benefits against claims for reimbursement.
• If the paying co‑owner made payments voluntarily without agreement or without improving the property (for example, paying someone else’s share of living expenses unrelated to the property), the court may decline to award reimbursement.

Partition actions and cotenant accounting are governed largely by Pennsylvania case law and civil procedure. Courts consider fairness, whether the payments were necessary, and whether the paying party excluded the other owner from the property. If you expect to ask for a credit, you must keep careful records and be prepared to explain why your payments benefited the property or preserved its value.

3) If the property is part of an estate (executor or administrator selling)

An executor or administrator typically pays mortgage, taxes, insurance, and maintenance from estate funds while the estate owns the property. Those payments are treated as estate expenses and are ordinarily paid before distribution to beneficiaries. If a beneficiary individually pays carrying costs out of their pocket, they may seek reimbursement from the estate, but that can depend on the estate administration rules and the executor’s accounting. Prompt notice and documentation are essential.

What proof the court or other party will want

• Mortgage statements showing amounts and dates paid.
• Property tax bills and payment receipts.
• Homeowners insurance premiums and cancellation or payment records.
• Receipts or invoices for maintenance and repairs, and photos documenting work done.
• Bank records or canceled checks proving who actually made each payment.
• Any written agreement between owners (co‑ownership agreement, separation agreement, listing of who pays what).

Practical examples (hypothetical)

Example 1 — Married couple selling marital home during divorce: Spouse A paid $12,000 in mortgage and $3,000 in taxes over two years while the parties lived separately and agreed the house would be sold. The court may treat those payments as a contribution and adjust the split of the net sale proceeds to reflect that contribution under the equitable distribution factors (see 23 Pa.C.S. § 3502). Documentation and the overall marital asset picture will affect the result.

Example 2 — Unmarried co‑owners: Two siblings own a rental property. One sibling (Sibling 1) pays the mortgage and taxes for a year because the other sibling is not paying. If the property is sold, Sibling 1 can ask the court for an accounting and potentially a credit for the payments that preserved the property—especially if Sibling 2 received no benefit. The court will evaluate the reasonableness and necessity of the payments.

How courts typically calculate a credit

Courts may award the paying party the actual amount they paid (with receipts) or the net benefit their payments produced (for example, avoided foreclosure or increased net sale value). Courts can deduct any benefit the paying party received (rent, use value) before awarding a credit. Expect negotiations or a judge’s close review rather than a mechanical formula.

When you are likely NOT to get a credit

• When payments were voluntary personal installments with no agreement and they did not preserve or improve the property.
• When the payer benefited personally (lived in the house rent‑free) and the benefit equals or exceeds the payments.
• When the payer cannot document payments with clear records.

Steps to take now

1. Gather documentation: mortgage statements, cancelled checks, tax bills, insurance invoices, repair receipts, written agreements, and bank statements.
2. Ask the other owner or the estate/executor for an accounting in writing. Try to negotiate a shared accounting before filing a lawsuit.
3. If you are divorcing, raise the payments and provide documentation to your attorney or the court as part of the equitable distribution process.
4. If negotiation fails and the dispute involves co‑ownership, consider filing for partition or an accounting in the Court of Common Pleas in the county where the property sits.
5. Consult a Pennsylvania attorney experienced in family law, real estate, estates, or civil litigation depending on your situation.

Key statutory reference (family law): Pennsylvania’s equitable distribution statute lists the factors a court must consider when dividing marital property. See Chapter 35 of Title 23, including 23 Pa.C.S. § 3502: https://www.legis.state.pa.us/…/chpt=35 (23 Pa.C.S. § 3502).

Helpful Hints

• Keep everything: detailed records make or break reimbursement claims.
• Make payments by traceable methods (checks, bank transfers); avoid cash when you expect a later dispute.
• Get written agreements up front whenever possible—e.g., who pays mortgage and how costs will be split.
• If you’re in a divorce, raise the issue early so the court can address it in equitable distribution.
• If your co‑owner won’t cooperate, request an accounting in writing and ask a lawyer about partition or an accounting action in the Court of Common Pleas.
• Talk to a Pennsylvania attorney who handles the right practice area — family law for divorce, real estate or civil litigation for co‑owner disputes, or probate/estate law for estate matters.