Quick answer

Under Georgia law you cannot unilaterally force a co-owner to turn over documents by refusing to divide proceeds, but you can compel production through the courts. If you are preparing to divide sale proceeds (for example by mutual agreement or after a partition action), mortgage statements and repair receipts are the primary evidence a court or the parties will use to allocate debts, credits, and reimbursements. If a co‑owner refuses to provide records, you can seek discovery and an accounting in a partition or related lawsuit; the court can order production and can adjust the distribution based on the evidence (or the lack of it).

How this works under Georgia law

Key legal concepts that affect your ability to require documentation:

• Partition and the court’s role: Any co‑owner can file for partition of real property in Georgia. In a partition by sale, the court supervises the sale and the distribution of net proceeds. The court will treat mortgages and recorded liens as priorities against proceeds, and it can consider equitable claims among co‑owners (for mortgage payments, repairs, rents and profits, etc.) when dividing what remains. See Georgia’s partition provisions (e.g., O.C.G.A. §44‑6‑160 et seq.). O.C.G.A. §44-6-160
• Discovery and document production: In any litigation—including a partition action—you can use Georgia’s civil discovery rules to request documents. The rules allow requests for production of documents such as mortgage statements and repair receipts. If the other co‑owner refuses, you can move to compel production. See the Georgia Civil Practice Act discovery provisions (e.g., O.C.G.A. §9‑11‑26 for scope of discovery and §9‑11‑34 for requests for production). O.C.G.A. §9-11-26 · O.C.G.A. §9-11-34
• Accounting for mortgage payments, repairs, and improvements: Mortgage debt that is a recorded mortgage or other lien will typically be paid from sale proceeds at closing. But personal payments made by a co‑owner (for example, one co‑owner paid the mortgage, insurance, taxes, or paid for repairs out of pocket) are often treated as claims for contribution or reimbursement between co‑owners. To obtain credit for those outlays you will need proof—bank records, mortgage statements, canceled checks, receipts, or invoices. If a co‑owner cannot prove expenditures, the court may deny reimbursement or make an equitable adjustment based on the available evidence.

Typical examples (hypothetical)

Example 1 — Mortgage payments: Two tenants in common, A and B, own a house. A paid the mortgage for two years while B made no payments. When they sell the house, A may seek contribution from B for A’s mortgage payments. Mortgage statements showing balance and payment history plus bank records showing who paid are the best proof.

Example 2 — Repairs and receipts: B paid $8,000 to replace a roof and kept invoices and paid by check. B can ask the court to credit that amount against B’s share of proceeds. If B has no receipts or proof, a court may disallow full reimbursement or estimate a fair allowance based on testimony and other evidence.

Practical steps you can take now

1. Make a written request: Ask the co‑owner in writing for mortgage statements, canceled checks or bank statements showing mortgage payments, invoices, receipts, and contractor contacts. Keep copies of your request.
2. Gather your own records: Collect your mortgage payments, receipts, communication about repairs, and any agreements about who pays what. Make organized copies.
3. Try negotiation or mediation: If both owners want to avoid litigation, a mediated settlement can include an agreed accounting and distribution formula.
4. Use discovery in court if needed: If the co‑owner refuses to produce documents, file a partition action or a separate suit seeking an accounting or contribution. Use requests for production and motions to compel under O.C.G.A. §9‑11‑34 and related discovery rules. O.C.G.A. §9-11-34
5. Ask the court for an equitable accounting: In a partition action the court can order an accounting of rents, profits, mortgage payments, insurance, taxes, repairs and improvements before final distribution. See O.C.G.A. §44‑6‑160 et seq. O.C.G.A. §44-6-160

What the court will consider when dividing proceeds

• Recorded liens and mortgages (these are paid first from sale proceeds).
• Proven contributions toward the mortgage, taxes, insurance, and repairs (supported by statements, receipts, bank records).
• Improvements that increased value versus ordinary repairs (courts may treat these differently for reimbursement or credit).
• Any written agreement between the co‑owners that allocates costs or proceeds.
• Equitable considerations when documentation is incomplete (the court can make adjustments based on testimony and equity).

What if your co-owner destroyed or refuses to produce records?

If a co‑owner destroys records or refuses to comply with discovery, you can ask the court for sanctions or an adverse inference in litigation and for the court to proceed based on the remaining evidence. Courts can adjust distributions to prevent unfairness. Preserve other corroborating evidence (bank statements, emails with contractors, photographs of repairs) and document your attempts to obtain the records.

Helpful hints

• Ask for specific documents: mortgage statements (monthly statements showing balance and payment history), cancelled checks or bank statements showing mortgage payments, invoices and paid receipts for repairs, contractor contact information, and insurance/tax bills.
• Time matters: keep records as soon as possible; older informal claims are harder to prove if receipts are missing.
• Record communication: make written requests and keep copies of responses if any. These help in court and during mediation.
• Consider temporary relief: in some situations you can seek injunctive relief to preserve funds or documents while litigation is pending.
• Understand the difference between liens and contribution claims: recorded liens are paid at closing; contribution claims require proof and are decided between the owners.
• Tax consequences: reimbursements and distributions can have tax implications; consult a tax professional about reporting sale proceeds and reimbursements.
• Settlement may be cheaper: litigation is costly. Consider mediation to get documents exchanged and an agreed distribution without the court process.