Detailed Answer

This explains what paperwork you should collect and how to present it if you need to prove expenses you paid on a jointly owned house in a Michigan partition action. A partition action asks the court to divide or sell property owned by two or more people. In that process, the court will decide how to allocate any costs, repairs, improvements, taxes, insurance, and any rents or profits. To recover money you paid or to get a credit against proceeds, you must prove the expense, show it was paid, and show it related to the property.

Relevant Michigan law

Partition actions are governed by Michigan statute. See the Michigan partition statute at: MCL § 600.2801 (and following sections). The statute gives courts authority to partition, sell, and account for the property, rents, profits, and expenses. The party claiming reimbursement bears the burden of proving the amount and reasonableness of the expense.

Types of documents that prove expenses

Gather contemporaneous, document-based proof. Courts prefer original source documents that show (1) what the expense was, (2) that it was paid, and (3) that it relates to the subject property. Useful documents include:

• Receipts and invoices from suppliers, contractors, plumbers, electricians, or material sellers listing the work or goods and the property address.
• Cancelled checks or check images showing payee, date, and amount (often the clearest proof of payment).
• Bank statements showing withdrawals or cleared checks tied to the expense.
• Credit-card statements plus merchant receipts that match line items on the statement.
• Paid contractor invoices or statements along with proof of payment (bank transfer confirmation, payment app screenshot, or canceled check).
• Contracts or signed work orders with scope, cost, and dates.
• Receipts for supplies from hardware stores with date and itemized purchases.
• Insurance premium invoices and proof of payment, property-tax bills and receipts, HOA assessments and paid statements.
• Photos or videos documenting pre-repair and post-repair condition, with timestamps or verified metadata where possible.
• Lease agreements, rent ledgers, and deposit receipts if you claim rental income or expenses tied to rental occupancy.
• Escrow, mortgage, or title statements showing payouts made from or to the property account.
• Contractor licenses, W-9 forms, lien waivers, and final walk-through acceptance documents where applicable.

How to organize and authenticate the paperwork

Follow these steps so the judge and opposing parties can easily verify and accept your proof.

1. Keep originals. Bring originals to the hearing. If originals are unavailable, explain why and show reliable secondary evidence (e.g., bank images).
2. Create a cover index. Put documents in chronological order. Number exhibits and create an exhibit list that links each exhibit to the claimed expense in your accounting.
3. Prepare a simple accounting spreadsheet or ledger. For each expense show: date, vendor, purpose, amount, paid/unpaid, exhibit number, and how it should be allocated among owners.
4. Match payments to invoices. If you paid a contractor by check, include the canceled check image next to the contractor invoice so the judge sees both the bill and proof of payment.
5. Use affidavits for small or informal items. If a vendor no longer exists or an original receipt is lost, a sworn affidavit describing the purchase, date, amount, and reason can help, though the court may give it less weight than contemporaneous records.
6. Preserve metadata for electronic files. Keep original file names, email threads, and timestamps for emailed invoices and payment confirmations.
7. Prepare redacted copies. Remove irrelevant personal financial details (social security numbers, unrelated account numbers) before filing or exchanging documents.

Common categories and special considerations

Different types of costs get treated differently by the court:

• Repairs and maintenance: Courts often allow reasonable, necessary repairs that preserve value. Ordinary maintenance may not always be reimbursed if it benefits all owners equally.
• Improvements: Capital improvements that increase value may be treated differently than repairs. Expect the court to consider whether the improvement increased sale price and how to split benefit among owners.
• Taxes and insurance: Paid property taxes and insurance premiums are strong, readily provable claims if you show bills and proof of payment.
• Mortgage and liens: Mortgage payments are not simply recoverable as an expense of partition unless you can show how payments preserved the property’s value; lien holders (e.g., mortgage companies) get priority for their liens.
• Rents and profits: If the property produced rental income, keep leases, rent rolls, bank deposit records and show expenses offsetting income.
• Unpaid claims: If you seek reimbursement for work you paid for but the property’s co-owner benefited, the court will expect clear proof of both payment and benefit to the property.

Procedural steps: disclosures, discovery, and court use

Prepare for pretrial discovery and the hearing:

• Exchange documents in discovery. Use requests for production to force the other parties to produce records you need and respond to their requests fully and on time.
• Attach exhibits to written accountings or motions. When you file an accounting or motion for credit, attach key invoices and proof of payment as exhibits.
• Identify witnesses. If a contractor will testify, list them in disclosures and supply contact information so the other side can depose or question them.
• Use subpoenas when necessary. If a bank or third-party vendor refuses to provide statements voluntarily, a subpoena can produce records for the hearing.
• Bring copies to the hearing. Provide the court and opposing counsel with a notebook of exhibits and your accounting, plus any originals for in-court authentication.

How the court evaluates your proof

The judge will look for:

• Contemporaneous documentation linking the expense to the property.
• Clear proof of payment (cleared checks, bank transfers, or marked “paid” invoices).
• Evidence the cost was reasonable and necessary in light of the property’s condition and market.
• Credible testimony or sworn statements supporting informal records or missing originals.

If the court finds an expense unsupported, it may deny reimbursement or grant only a partial credit. If records are incomplete, the judge may estimate a reasonable amount or deny the claim.

Helpful Hints

• Start collecting now. Good documentation made at the time of the work is the strongest evidence.
• Keep originals in a safe place. Originals are easier to authenticate than copies or recreated records.
• Use a clear exhibit system. Label each document with an exhibit number and refer to those exhibit numbers in your accounting and testimony.
• Match each invoice with a proof of payment. The invoice alone is weak without proof you paid it.
• Limit personal financial exposure. Redact unrelated personal financial data before sharing bank statements publicly in court filings.
• Get contractor paperwork in writing. Written contracts, change orders, and lien waivers reduce disputes about scope and payment.
• Ask for stipulations. The parties can agree in writing that particular invoices or payments are valid—this saves time and dispute at trial.
• Consider an accounting expert. For complex or large-value disputes, a forensic accountant or property appraiser can prepare a report tying expenses to value and allocation among owners.
• Meet procedural deadlines. Exchange exhibits and witness lists per court rules and any scheduling order to avoid exclusion at trial.
• Consult a Michigan attorney. A lawyer familiar with Michigan partition practice can help prepare exhibit lists, draft accounting statements, and handle evidentiary objections.

Important procedural reference: For the statutory framework of partition in Michigan, see MCL § 600.2801 et seq.: https://www.legislature.mi.gov/mileg.aspx?page=getobject&objectname=mcl-600-2801.