Updated on September 8, 2026

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

Owning property with another person, whether it is a sibling, a former spouse, a business partner, or a friend, works well when both owners pay their share. Problems start the moment one owner stops contributing. If you are dealing with a co-owner not paying mortgage payments, property taxes, or insurance premiums, you are not alone. This is one of the most common disputes we see in California co-ownership cases, and the good news is that California law gives you clear options to recover what you are owed.

This article walks through what actually happens when a co-owner refuses to pay their share of property expenses, what rights you have to reimbursement, and how the process typically plays out.

Understanding Co-Ownership Obligations in California

When two or more people hold title to real property together, whether as joint tenants or tenants in common, each owner generally has an obligation to contribute to the expenses required to maintain the property. This includes:

• Mortgage payments
• Property taxes
• Homeowners insurance
• Necessary repairs and maintenance
• HOA dues, where applicable

Ownership on title does not automatically mean expenses are split evenly. The actual percentage each owner is responsible for often depends on their ownership interest, or on an agreement between the parties. But regardless of the exact split, one core principle holds true in California: a co-owner who pays more than their share is generally entitled to reimbursement from the co-owner who paid less, or nothing at all.  Often times this reimbursement, however, doesn’t come until the accounting phase of a partition action.

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

A co-owner not paying mortgage payments creates urgency because missed payments can lead to late fees, damage to credit, and in the worst cases, foreclosure. This is often the most pressing issue co-owners face, since a foreclosure affects everyone on title, not just the non-paying owner.

If your co-owner has stopped paying their share of the mortgage, you have a few practical paths forward:

1. Continue making the full payment yourself to protect the property from foreclosure, while documenting every payment. California law allows the paying co-owner to seek reimbursement or a credit for these payments later, typically through an accounting in a partition action or a separate claim for contribution.
2. Send a formal demand letter to the co-owner outlining what is owed and requesting payment or reimbursement within a specific timeframe.
3. File a partition action which allows the court to force a sale or division of the property and, importantly, allows the paying owner to receive credit for mortgage payments made on the other owner’s behalf before the remaining proceeds are split.

Courts in California recognize that a co-owner should not be unjustly enriched by letting the other party carry the full mortgage burden. This principle shows up repeatedly in partition litigation and is one of the strongest tools available to a paying co-owner.

Co-Owner Not Paying Property Taxes

Property taxes are another expense that cannot be ignored. Unpaid property taxes accrue penalties and interest, and if left unresolved long enough, can result in a tax lien or even a tax sale of the property. A co-owner not paying property taxes puts the entire property at risk, not just their own ownership share.

If you find yourself covering the full tax bill because your co-owner refuses to pay, keep every receipt and payment record. These payments are generally recoverable as part of an accounting between co-owners, whether that accounting happens informally, through demand letters, or through a partition action filed with the court.

Co-Owner Not Paying Insurance

Insurance might seem like a smaller line item compared to a mortgage or property taxes, but a lapse in coverage can be financially devastating if something happens to the property. A co-owner not paying insurance premiums, whether intentionally or through simple neglect, exposes both owners to significant risk.

If your co-owner will not contribute toward the insurance premium, it is usually in your best interest to keep the policy active yourself rather than risk a gap in coverage. As with mortgage and tax payments, these costs are typically recoverable from the non-paying co-owner down the line.

Co-Owner Not Paying Their Share: The Bigger Picture

Beyond mortgage, taxes, and insurance, disputes often arise over a co-owner not paying their share of general upkeep, repairs, or improvements to the property. The rules here are a bit more nuanced than they are for mortgage, tax, and insurance payments.

Necessary repairs (things like a broken water heater, a leaking roof, or a failing furnace) are generally reimbursable, since they protect the value of the property for both owners.

Improvements (upgrades that go beyond necessary repair, like a kitchen remodel) are treated differently, and reimbursement often depends on whether the improvement actually increased the property’s value and whether the other owner agreed to it in advance.

Because these distinctions matter a great deal in court, it is worth keeping detailed records of every expense, along with a clear explanation of why each expense was necessary.

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.

During a partition action, the court conducts an accounting of all contributions and expenses. 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?

If a court orders reimbursement and the co-owner still does not pay, there are enforcement mechanisms available, including wage garnishment, bank levies, or liens against other assets. In most partition actions, however, reimbursement is handled directly through the sale proceeds, which makes collection far more straightforward since the money is already there to be divided.

Most typically, the unreimbursed expenses come through a disproportionate distribution of the partition sale proceeds. 

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.

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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