Short answer. It depends on timing. The law gives a co-heir ten years from the date the right to claim warranty arose to file an action against the other heirs. If more than ten years have passed since the eviction, the claim has prescribed and the others can no longer be compelled to share the loss.
What the law says
An action to enforce the warranty among heirs must be brought within ten years from the date the right of action accrues.
Civil Code, Article 1094 — Ten Years to Enforce Warranty. Read the full provision →
Why co-heirs owe each other a warranty
When an estate is partitioned, each heir implicitly warrants to the others that the share he received is genuine and will not be taken away by someone with a better right. If a third party later wins a court action and evicts a co-heir from the property he was allotted, the evicted heir does not bear the entire loss alone. He can go back to the other heirs and ask them to contribute proportionately to make him whole. This is the warranty among co-heirs — a built-in safety net that survives the partition itself.
The ten-year window under Article 1094
Article 1094 sets a clear deadline: an action to enforce the warranty among heirs must be brought within ten years from the date the right of action accrues. The right of action accrues when the eviction is complete — generally when a final and executory judgment ejects the co-heir from the property and that judgment is enforced. From that date, the ten-year clock runs. If the evicted heir does not file within ten years, prescription sets in and the claim is forever barred.
What 'years ago' really means here
The answer to whether it is 'too late' turns entirely on the count of years. If the eviction was completed eleven years ago and no action was filed, the ten-year period has lapsed and the co-heir cannot compel the others to contribute. If the eviction was completed eight years ago, there is still roughly two years left. The important thing is to calculate from the date the eviction was actually carried out, not from the date the lawsuit was filed against the co-heir — the clock does not start until the loss is final.
Acting before the deadline closes
If the ten years have not yet expired, the evicted co-heir should act promptly. The warranty claim is brought against the other co-heirs in their individual capacity, with each one liable proportionately. Gathering the partition deed, the title documents from the original estate, and the court records of the eviction case will be essential. A lawyer can help calculate whether the period is still running and what the contributory shares of the other heirs would be. Do not wait for the anniversary to pass.