Updated on September 9, 2026

What Happens When a Co-Owner Refuses to Pay Property Expenses in California?

If your co-owner refuses to pay their share of the mortgage, property taxes, insurance, or necessary repairs, start by reviewing your ownership documents and any expense-sharing agreement. Keep records of what you have paid and request the unpaid contribution in writing. You may be able to seek reimbursement or a credit, including through an accounting in a partition action, depending on the expenses, the parties’ agreements, and the circumstances.

These disputes can arise between siblings, unmarried partners, friends, or investors. One owner may stop contributing after moving out, lose the ability to pay, or disagree about which expenses should be shared. Identifying the reason for nonpayment can help you evaluate a repayment arrangement, a negotiated buyout, or other options for resolving the dispute.

This guide explains what to document, how to address different unpaid expenses, and when legal action may become necessary. Reimbursement is not automatic, and the amount recoverable may depend on ownership interests, agreements, and adjustments for other contributions or benefits.

Understanding Co-Ownership Obligations in California

When you own property with another person, determining who should pay starts with your ownership interests, any agreements between you, and the nature of the expense. Whether you hold title as joint tenants or tenants in common provides important context, but it does not answer every question about financial responsibility.

Shared property expenses commonly include:

• Mortgage principal and interest.
• Property taxes.
• Insurance that protects the property for the owners’ common benefit.
• Necessary repairs and maintenance.
• HOA dues and assessments, where applicable.

Not every expense must be split equally. For example, if two tenants in common own 60% and 40% of a property and have agreed to share necessary expenses in those proportions, a $5,000 expense would ordinarily be allocated as $3,000 and $2,000. Review any written agreement before assuming a 50/50 split.

The purpose of the spending also matters. Repairing a leaking roof to prevent damage differs from purchasing personal furnishings or choosing a cosmetic upgrade. Improvements may qualify for a credit in some circumstances, but spending money on the property does not automatically make the entire bill reimbursable.

California courts recognize that a partition accounting can include credits for qualifying expenses paid beyond a co-owner’s share, including mortgage payments, taxes, necessary repairs, and insurance benefiting the owners collectively. The amount allowed depends on the facts and applicable adjustments. See Wallace v. Daley (1990).

Before requesting payment, gather your deed, any co-ownership or expense-sharing agreement, and records showing what each owner has paid. These documents help establish both the proposed allocation and the basis for a reimbursement request.

Co-Owner Not Paying Mortgage: What Are Your Options?

When a co-owner stops contributing to the mortgage, the immediate concern is keeping the loan current. Missed payments can result in late fees, damage borrowers’ credit, and eventually lead to foreclosure.

Ownership and mortgage liability are different. Being named on the deed does not, by itself, make someone personally responsible for the loan. If both owners signed as borrowers, however, an agreement to split payments generally does not limit the lender to collecting only each person’s agreed share. Moving out or transferring an ownership interest also does not automatically release a borrower from the mortgage.

If your co-owner stops paying, consider these steps:

1. Check the loan’s payment status. Review recent statements, the amount due, and any delinquency notices. If you cannot afford the full payment, contact the mortgage servicer promptly to discuss available assistance.
2. Document payments you cover. Keep mortgage statements, bank records, and communications showing the agreed contributions. If you pay more than your share, these records can support a later request for reimbursement or a credit.
3. Request payment in writing. Identify the missed contributions, explain how you calculated the amount, and propose a payment deadline or repayment arrangement. Keep a copy of the request and any response.
4. Discuss a longer-term solution. If the arrangement is no longer affordable, a negotiated buyout or agreed sale may resolve the ongoing problem. A buyout should also address the mortgage: transferring title alone does not remove the departing owner from the loan.
5. Evaluate partition if an agreement is not possible. A partition action in California may provide a way to end co-ownership and address qualifying mortgage contributions through an accounting. Reimbursement depends on the parties’ agreements, payment history, and other applicable adjustments.

Address the mortgage delinquency and the dispute with your co-owner together. A request for reimbursement does not change the payment due to the lender.

Co-Owner Not Paying Property Taxes

A co-owner not paying property taxes can put the shared property at risk. Secured property taxes are tied to the property, and unpaid amounts can accumulate penalties and interest. A prolonged default can eventually lead to a county tax sale.

Paying your agreed share does not necessarily bring the property’s tax account current. If your co-owner leaves the remaining balance unpaid, check the account with the county tax collector rather than assuming your payment has resolved the delinquency.

To address the problem:

• Confirm the outstanding amount. Gather the current tax bill, payment history, and any supplemental bills or delinquency notices. If taxes are paid through your mortgage escrow account, check the servicer’s records as well.
• Review how taxes should be allocated. Compare the bill with your ownership interests and any expense-sharing agreement. If an ownership transfer triggered a reassessment, review the assessment notices before calculating what each owner owes.
• Keep proof of payments you cover. Save receipts showing the parcel number, tax year, amount, and payment date. Send your co-owner a written request explaining the contribution you are seeking.
• Act promptly if the bill is unaffordable. Ask the county tax collector whether a payment plan is available for your account. Eligibility and deadlines depend on the circumstances.

If you pay more than your share, you may be able to seek reimbursement or a credit through an accounting between co-owners. The amount recoverable depends on your ownership interests, agreements, and other applicable adjustments.

Covering the tax bill does not automatically increase your ownership percentage. For that separate issue, read whether paying someone else’s property taxes gives you ownership in California.

Co-Owner Not Paying Homeowners Insurance

If your co-owner refuses to contribute toward homeowners insurance, first confirm whether the premium has been paid and coverage remains active. A disagreement over expenses can become more costly if the policy lapses and the property suffers an uninsured loss.

Contact your insurance agent or insurer about any overdue premium or cancellation notice. If insurance is paid through your mortgage escrow account, check with the servicer before making a separate payment.

To protect the property and document your contribution:

• Confirm the payment deadline and policy status. Ask what is needed to maintain coverage or whether reinstatement is available if coverage has already ended.
• Keep the policy and payment records. Save the declarations page, premium invoices, receipts, and cancellation or renewal notices.
• Request your co-owner’s contribution in writing. Explain the amount requested, the coverage period, and how you calculated their share.
• Check that the policy matches the property’s use. Tell your insurer if the home has become vacant or rented out, and ask whether the coverage needs to change.

If required coverage lapses, the mortgage servicer may arrange force-placed insurance and charge the borrower, subject to applicable rules. This coverage is usually more expensive and generally protects the lender’s interest rather than providing the same protection as a homeowners policy. CFPB guidance on force-placed insurance.

Paying more than your share of insurance that benefits the co-owners collectively may support a reimbursement request or credit. Keep records showing what the policy covered and what you paid; those details can matter when determining reimbursement for advanced property expenses.

Co-Owner Not Paying for Repairs or Improvements: The Bigger Picture

When a co-owner refuses to contribute toward work on the property, first distinguish necessary repairs from optional improvements. The purpose of the work, its benefit to the shared property, and any agreement between the owners can affect whether payment qualifies for reimbursement.

Necessary repairs may include fixing an active roof leak, repairing a broken water heater, or addressing unsafe electrical wiring. These expenses can help preserve the property and may support a contribution claim when one owner pays more than their share.

Optional improvements, such as remodeling a functional kitchen or installing premium finishes, require a different analysis. The amount spent does not necessarily equal the credit available. In a partition case, an improvement’s contribution to the property’s value can matter. A lack of advance consent does not automatically rule out a credit for a good-faith improvement that enhances value, although agreements between the owners may affect the result. Wallace v. Daley (1990).

Before arranging work, where circumstances allow:

• Notify your co-owner in writing. Describe the problem, proposed work, estimated cost, and requested contribution.
• Document the property’s condition. Keep photographs, inspection reports, and contractor recommendations explaining why the work is needed.
• Agree on scope and payment. For nonurgent work, seek written agreement on the budget and how costs will be divided.
• Separate repairs from upgrades. Ask contractors to itemize necessary work and optional additions so the expenses can be evaluated separately.

For urgent work, document why waiting would risk further damage and your attempts to contact the other owner. Keep invoices and proof of payment, but avoid assuming that every expense will be recovered.

If the dispute concerns whether an improvement increased the property’s value, an appraisal may help support the claim. Our guide to resolving property-value disputes in partition cases explains the related valuation issues.

How Do You Get Reimbursement From a Co-Owner in California?

Reimbursement from a co-owner does not usually happen automatically. Here is how the process generally unfolds:

1. Document Everything

Before anything else, gather your records. This means mortgage statements, tax bills, insurance invoices, receipts for repairs, and any communication with your co-owner about these expenses. Courts rely heavily on documentation when deciding how much reimbursement is owed.  At Schorr Law, some of our favorite partition cases have detailed expenses reports, spreadsheets or quickbooks files.  Sometimes, we even recommend forensic accounting to understand the true financial component.. 

2. Attempt Resolution Outside of Court

A written demand or a conversation, ideally documented in writing, is often the first step. Some co-owners simply need a clear, formal reminder of their obligations. A demand letter from an attorney can sometimes resolve the issue without the need for litigation.

3. Consider a Partition Action

If informal efforts do not work, a partition action is often the most effective legal remedy available to co-owners in California. A partition action asks the court to either divide the property or, more commonly for a single-family home or condo, order it sold and the proceeds divided.

Under California Code of Civil Procedure section 872.140, a court handling a partition case may order accounting, contribution, and other equitable adjustments. This is where a paying co-owner can recover the money they put toward the mortgage, property taxes, insurance, and necessary repairs before the remaining sale proceeds are split between the parties. This accounting process is specifically addressed under California Code of Civil Procedure section 872.140, which allows the court to adjust each party’s share based on contributions made and any rents or benefits received.

4. Offset for Exclusive Use

If one co-owner has been living in the property exclusively while the other has been excluded, this can also factor into the accounting. A co-owner who has been paying the mortgage while excluded from the property may be entitled to an offset for the fair rental value of the other owner’s exclusive use, depending on the circumstances.

What if the Co-Owner Still Refuses to Pay After a Court Order?

The next step depends on whether the court awarded you a credit against partition sale proceeds or entered an enforceable money judgment against your co-owner.

When reimbursement comes from sale proceeds, the court’s distribution order can account for approved expenses when allocating the money between owners. This may avoid the need to collect a separate payment directly from your co-owner. However, the available funds depend on the sale price, mortgage payoff, liens, sale costs, and other court-approved deductions.

When your co-owner owes an enforceable money judgment, additional collection steps may be necessary. Depending on the circumstances, these can include:

• A bank levy against funds available for collection.
• Wage garnishment, subject to legal limits.
• Recording an abstract of judgment to establish a judgment lien against qualifying real property.

These remedies require the appropriate procedures, and exemptions may protect certain income or assets. Our explanation of the difference between a lien and a levy provides more detail about how these collection tools differ.

A court award does not guarantee immediate or full payment. If sale proceeds are insufficient, ask your attorney whether the judgment allows you to pursue your co-owner personally for any remaining amount.

Practical Tips if Your Co-Owner Is Not Paying Their Share

1. Keep separate, organized records of every payment you make on the property.
2. Communicate in writing whenever possible, even if you also talk in person or by phone.
3. Avoid making unilateral decisions about major improvements without your co-owner’s input, since this can complicate reimbursement later.
4. Do not stop paying the mortgage or taxes out of frustration, since this can hurt everyone on title, including you.
5. Speak with a real estate attorney early, especially if the unpaid amounts are significant or the relationship with your co-owner has broken down.

When to Talk to a California Real Estate Attorney

Co-ownership disputes tend to escalate the longer they go unresolved. If you are dealing with a co-owner not paying mortgage payments, property taxes, insurance, or their fair share of expenses, it is worth speaking with an attorney who handles partition actions and co-ownership disputes regularly. An experienced attorney can help you understand exactly what you are owed, how strong your claim for reimbursement is, and whether a partition action makes sense for your situation.

Every co-ownership dispute has its own facts, and the right strategy depends on the type of ownership, the language of any agreement between the parties, and the history of payments made. Getting the right guidance early can save significant time, money, and stress down the road.

Covering shared property expenses on your own? Schorr Law’s Los Angeles partition attorneys can review your circumstances and explain your options for seeking reimbursement and resolving the dispute. Contact Schorr Law to request a consultation.

FAQ: Co-Owner Not Paying Property Expenses in California

Can I make my co-owner pay their share of the mortgage in California?

If a co-owner refuses to contribute to mortgage payments, the co-owner who pays more than their share may be entitled to reimbursement or a credit. In a partition action, the court can account for these payments when determining how the sale proceeds should be distributed.

What happens if my co-owner stops paying property taxes?

Property taxes generally still need to be paid to protect the property from penalties, liens, and other consequences. If you pay your co-owner’s share, you may be able to seek reimbursement through an accounting or partition action.

Can I get reimbursed if I paid the entire mortgage?

Potentially. A co-owner who pays more than their proportionate share of mortgage expenses may be entitled to a credit or reimbursement, depending on the circumstances and the parties’ ownership interests or agreements.

Can a co-owner be forced to pay property expenses?

The available remedies depend on the circumstances. If a co-owner refuses to contribute, a demand for payment may be appropriate. A partition action can also provide a mechanism for accounting for expenses paid by each owner and adjusting the distribution of proceeds accordingly.

What expenses can be reimbursed in a California partition action?

Depending on the circumstances, reimbursable expenses may include mortgage payments, property taxes, insurance, and necessary repairs or maintenance. Improvements and other discretionary expenses can be treated differently.

Can I recover property taxes from my co-owner?

A co-owner who pays more than their share of property taxes may be entitled to a credit or reimbursement during the accounting process. The specific amount depends on the ownership interests and circumstances of the case.

What if my co-owner lives in the property but does not pay expenses?

Exclusive use of the property can affect the accounting. Depending on the circumstances, the non-occupying co-owner may potentially seek an offset related to the fair rental value of the occupying owner’s exclusive use.

Can I file a partition action if my co-owner refuses to pay?

Yes, refusal to pay property expenses does not necessarily prevent a co-owner from pursuing a partition action. A partition case can address both the disposition of the property and the accounting of contributions and expenses between the owners.

About the Author

Zachary D. Schorr is a California real estate litigation attorney and the founding attorney of Schorr Law. He represents clients in specific performance actions, partition lawsuits, quiet title disputes, and complex real estate litigation throughout Southern California.

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