Posted: February 25, 2024
Category: Real Estate

Owning property with another person in Texas comes with shared rights—but also shared responsibilities. When one co-owner refuses to contribute to taxes, mortgage payments, maintenance, or repairs, it can lead to frustration, legal exposure, and financial strain for the paying party.

Fortunately, Texas law provides remedies for property owners dealing with a non-paying co-owner. Whether you’re a family member, heir, or investor, here’s how to protect your interest and recover what you’re owed.

👥 Understanding Co-Ownership in Texas

Most co-owners in Texas hold title as tenants in common. This means:

  • Each person owns a percentage of the entire property
  • They have equal rights to use and occupy the whole property
  • They are not responsible for each other’s debts

There is no automatic requirement to contribute equally to expenses—but if one party pays more, they may be entitled to reimbursement upon sale or partition.

💵 Common Shared Property Expenses

  • Property taxes
  • Mortgage payments
  • Utilities and insurance
  • Repairs, upkeep, and improvements
  • Legal fees related to the property

If you’ve been covering these costs while the other co-owner does nothing, you may have the right to compensation.

📋 Legal Options for Recovering Unpaid Shares

1. Demand Letter

Start by sending a formal letter outlining:

  • The amounts you’ve paid
  • The co-owner’s share based on their ownership percentage
  • A request for reimbursement or cost-sharing

This sets the stage for legal action if they continue to refuse.

2. Contribution Claim

Texas courts recognize equitable contribution claims between co-owners. If you paid more than your fair share, you can request reimbursement when the property is sold or partitioned—even if no written agreement exists.

3. Partition Action With Accounting

If you want to end the co-ownership, you can file a partition lawsuit. As part of the case, you can request an accounting to:

  • Credit one party for property taxes or mortgage payments made
  • Adjust proceeds to account for unequal expenses
  • Deduct rental income or benefits received by the non-paying party

This ensures fairness before the property is divided or sold.

4. Lien for Reimbursement (Rare)

In limited cases, Texas courts have allowed a co-owner to assert a lien against the property to secure repayment of expenses. This remedy is typically reserved for formal agreements or extreme situations.

🛡 What You Cannot Do

Even if your co-owner hasn’t paid a dime, you cannot:

  • Evict them (they still own their share)
  • Unilaterally sell the entire property
  • Change the locks or block access

However, you can seek a legal resolution to end the ownership or recover your share of costs.

🔍 Documentation to Keep

To strengthen your case, gather:

  • Tax statements and receipts
  • Mortgage payment records
  • Invoices for repairs or improvements
  • Emails or messages discussing shared responsibilities

This evidence will support your demand for reimbursement or a fair partition outcome.

🛠 How Guerra Days Law Group Can Help

We assist co-owners across Texas with:

  • Partition lawsuits and forced sales
  • Contribution claims for unpaid expenses
  • Accounting and equity adjustments
  • Negotiating buyouts and resolving disputes

Whether you’re looking to exit the arrangement or enforce fairness, we guide you every step of the way.

✅ Final Thoughts

You shouldn’t have to shoulder the entire financial burden of a jointly owned property. Texas law gives you options to resolve co-ownership disputes and ensure your contributions are respected.

📞 Need to Resolve a Co-Owner Dispute?

Contact Guerra Days Law Group today. We’ll evaluate your case and help you recover unpaid expenses or pursue a partition with equity and clarity.