Posted: July 7, 2024
Category: Real Estate
If you co-own property in Texas and have been the only one paying the mortgage, property taxes, insurance, or repairs, you may feel taken advantage of. The good news is—Texas law allows co-owners to seek reimbursement from other owners under the right circumstances.
Whether you’re preparing to sell the property, file for partition, or just want to protect your equity, here’s what you need to know about recovering your fair share.
👥 Understanding Co-Ownership in Texas
Most co-ownership in Texas is held as tenants in common, unless otherwise stated in a deed or legal agreement. This means:
- Each co-owner owns an undivided share of the entire property
- No one co-owner can exclude another from use or possession
- There’s no automatic right of survivorship (unlike joint tenancy in other states)
Because each person has full rights to the property, they also share responsibility for expenses—whether or not they’re actively using it.
💸 What Expenses Can Be Reimbursed?
Texas courts often allow co-owners to seek reimbursement for:
- Mortgage payments (principal and interest)
- Property taxes and insurance premiums
- Necessary repairs and maintenance
- HOA fees or assessments
These are considered “common property expenses” that benefit all owners. However, luxury improvements or discretionary upgrades (e.g., installing a pool) may not be reimbursable unless agreed upon in advance.
📋 How to Claim Reimbursement
There are generally two ways to pursue repayment from your co-owners:
1. Partition Action With Accounting
If you’re trying to end the co-ownership, a partition lawsuit allows you to request that the court:
- Order the property to be sold (partition by sale)
- Divide the net proceeds according to each owner’s interest
- Adjust the final distribution based on who paid more into the property
This is the most common method when co-owners cannot agree and one party has carried the financial burden.
2. Equitable Contribution Claim
If you want to remain co-owners but just seek repayment, you can file a claim for equitable contribution. This is a civil action asking the court to divide expenses fairly based on each owner’s share.
🧾 What Evidence Do You Need?
To support your claim, gather:
- Mortgage payment records
- Tax receipts and insurance statements
- Invoices for repairs or maintenance
- Proof of sole payments (bank records, canceled checks)
The more detailed and consistent your records, the stronger your case for reimbursement.
🚫 What You Can’t Claim
Generally, Texas courts do not award reimbursement for:
- Personal use or enjoyment of the property
- Rent or occupation unless the other co-owner was excluded
- Improvements that were not necessary or agreed upon
However, if the other co-owner has occupied the property exclusively or collected rent, you may be able to offset reimbursement by claiming “use and occupancy” compensation.
🛡 How Guerra Days Law Group Can Help
We represent property owners in Texas partition and contribution cases involving:
- Unequal expense contributions
- Co-owner disputes and buyouts
- Sale and division of inherited property
- Reimbursement claims for taxes, insurance, and mortgage
We’ll help you secure your financial investment and ensure you’re treated fairly—whether in or out of court.
✅ Final Thoughts
Just because you paid all the bills doesn’t mean you have to eat the cost. Texas law protects co-owners who have shouldered more than their share of property expenses. If you’re heading into a partition or trying to resolve an ownership dispute, start documenting your costs now.
📞 Paid for the Property Alone?
Contact Guerra Days Law Group today. We’ll help you pursue reimbursement and protect your interests in Texas co-ownership cases.
