Detailed answer — what Montana co-owners need to know

If multiple people own a piece of real estate together and plan to sell or otherwise divide the proceeds, those owners commonly want an accounting: a clear record of mortgage payments, taxes, insurance, repairs, and improvements so the net sale proceeds are split fairly. Under Montana law, co-owners have several practical and legal tools to obtain those records and to have a court adjust shares to reflect out‑of‑pocket contributions. This answer explains how that process typically works, what you can demand, and the legal steps you can take if a co‑owner refuses.

Informal requests and documentation you can ask for right away

Start by asking the co‑owner for documents. You may lawfully request:

• Mortgage statements and lender payoffs showing principal and interest paid;
• Canceled checks, bank statements, or escrow records proving mortgage or tax payments;
• Receipts, invoices, and paid contractor statements for repairs and maintenance;
• Receipts and invoices for capital improvements (new roof, HVAC replacement, additions); and
• Records of rent or other income and expenses if the property was rented.

Keep your request written and dated. A clear demand letter helps later if you need to involve a lawyer or the court.

What happens if the co-owner refuses?

If the co‑owner refuses, you have options:

1. Mediation or negotiated settlement. Many disputes settle once both sides see the documents or agree to an independent accounting.
2. Formal litigation (partition action). A partition action asks a Montana court to divide or sell the property. In that action you can request discovery (documents and testimony) and ask the court to order an accounting of contributions.
3. Discovery tools. In litigation you can use Montana civil discovery rules to compel production of mortgage statements, bank records, receipts, and related documents. The Montana Rules of Civil Procedure allow broad discovery in civil cases; the court can enforce discovery orders and impose sanctions for noncompliance. See Montana Courts — Rules: https://courts.mt.gov/rules/.
4. Appointment of a receiver. If necessary to preserve the property, a court may appoint a receiver to collect rents, pay necessary bills, and manage the property while the dispute is resolved.

Will a court credit mortgage and repair payments when dividing sale proceeds?

Yes, courts in Montana apply equitable principles when dividing proceeds among co‑owners. If one co‑owner paid mortgage installments, taxes, insurance, or made repairs, the court can order an accounting and give that co‑owner a credit against the share of proceeds. The court will look at the nature of each payment:

• Necessary payments (mortgage principal and interest, property taxes, insurance, and reasonable repairs to maintain habitability) are typically credited as contributions.
• Capital improvements (that increase value) can result in an award for the contribution or an adjustment in the division of proceeds reflecting the increased property value.
• Casual or undocumented claims without proof are harder to credit. Keep receipts, cancelled checks, contractor agreements, before/after photos, and bank records.

Practical evidence and proof you should preserve

To support a claim for credit or reimbursement, you should preserve and produce:

• Original receipts, invoices, and paid contractor statements;
• Cancelled checks, credit card statements, or bank records showing payments;
• Mortgage statements and payoff demand letters from the lender;
• Documents showing who benefited from an expenditure (e.g., tenant leases); and
• Photographs, inspection reports, and building permits for improvements.

Timing and cost considerations

Lawsuits cost time and money. If the dollars at stake are small, it may be more efficient to negotiate or use mediation. If the co‑owner’s refusal to produce documents threatens the value of the property (for example, by risking foreclosure or by hiding liens), act quickly and consult an attorney to evaluate emergency relief, such as a receiver or temporary injunction.

How to start — practical next steps

1. Send a written demand for specific documents (mortgage statements, receipts, invoices, bank statements). Keep a copy.
2. Collect your own proof of payments you made (bank records, canceled checks, credit card statements, receipts).
3. Propose mediation or a neutral accountant if the co‑owner is willing; that can save time and fees.
4. If the co‑owner refuses, consult a Montana real estate attorney about filing a partition action and using discovery to compel documents.
5. If immediate preservation of value is needed, ask an attorney about temporary court relief (receiver, injunction, or escrow of sale proceeds).

Where to find Montana statutes and rules

Montana’s statutes and codes are searchable on the Montana Legislature site: https://leg.mt.gov/bills/mca/. Civil procedure rules and local court rules are available at the Montana Courts website: https://courts.mt.gov/rules/. Those sources will point you to rules on discovery, receivers, and civil procedure used in partition and accounting disputes.

Bottom line: You may request mortgage statements and repair receipts. If a co‑owner refuses, Montana courts can order production through discovery in a partition action and can credit proven payments when dividing proceeds. Documentation is key: receipts, canceled checks, and lender statements give your claim the best chance of success.

This is general information only and is not legal advice. Laws change and facts matter. Consult a Montana attorney to evaluate your specific situation.

Helpful Hints

• Make all document requests in writing and keep copies of your communications.
• Save original receipts, canceled checks, and bank statements—photocopies and screenshots are useful backups.
• Distinguish between maintenance (routine repairs) and capital improvements (increases value) — courts treat them differently.
• Offer mediation or a neutral accountant to reduce cost and speed resolution.
• If a sale is imminent, ask the buyer or escrow agent to hold proceeds in escrow until contributions are resolved or a court orders distribution.
• If parties are not cooperating, contact a Montana attorney experienced in real estate partition and equitable accounting early.
• Keep an itemized ledger of your payments showing date, amount, purpose, and who benefited.