Detailed Answer

Short answer: In a New York partition action, you will need original or certified documentary evidence showing both the nature of each expense and proof of payment. The court looks for contemporaneous receipts, invoices, canceled checks, bank or credit‑card statements, contracts, permits, and other materials that authenticate the expense and show it benefited the property or was required (taxes, mortgage, insurance, utilities). Organize those materials, prepare a clear accounting, and be ready to authenticate them with a sworn affidavit or a custodian/witness.

Why documentation matters in partition actions (New York law)

Partition actions under New York law are remedies to divide or sell property owned in common. The court will settle accounts between co‑owners before distributing proceeds. That means anyone asking for credit for payments or improvements must prove the payment, the purpose, and the benefit to the property. See New York’s Partition statutes (RPAPL Article 9) for the basic statutory framework governing partition claims: https://www.nysenate.gov/legislation/laws/RPAPL/A9.

Types of documents courts accept

• Receipts and invoices from vendors (contractors, plumbers, electricians, supply stores). Each should list vendor, date, work performed or items sold, and amount.
• Cancelled checks showing payee and date. Court prefers originals or bank certified copies.
• Bank statements or credit‑card statements showing the line item and payment to the vendor. Highlight relevant entries.
• Credit card receipts or merchant receipts plus the credit‑card statement showing payment.
• Signed contracts or written work orders for improvements or repairs (scope, price, signature).
• Permits and inspection certificates (if work required municipal permits).
• Receipts or bills for property taxes, hazard insurance, utilities, HOA dues, and mortgage payments; mortgage/escrow statements also help.
• Photographs (before/after) tied to dated invoices or contracts to show the work was done.
• Appraisals or contractor estimates showing increased value from capital improvements (useful when claiming credits for improvements rather than ordinary maintenance).
• Business records affidavit or custodian declarations when admitting bank or business records under hearsay exceptions (see Helpful Hints below).

How the court evaluates payments and credits

The court distinguishes ordinary maintenance (often shared) from capital improvements (which may be treated differently) and from payments that directly preserved property (taxes, mortgage, insurance). To receive a credit you must typically show:

1. The payer actually paid the amount (proof of payment).
2. The payment was for the property (not personal expenses).
3. The expense was reasonable and necessary or enhanced the property’s value.
4. The expense reasonably benefited the co‑owners or estate of the property.

How to prepare your packet for court

Put your proofs into an exhibit notebook or electronic exhibit folder. Follow these practical steps:

• Create a table of contents and index each exhibit (Exhibit A: bank statements Jan–Dec 2023; Exhibit B: contractor receipts; Exhibit C: cancelled checks).
• Group related documents (invoices with matching bank statement lines and canceled checks together).
• Provide a one‑page summary ledger that lists each item, date, vendor, amount, and exhibit reference.
• Attach photos, permits, and any before/after proof to show the work occurred.
• Prepare a sworn affidavit or declaration that authenticates the documents and explains any gaps (e.g., why you have a vendor invoice but no cancelled check).

Authentication and admissibility

Banks and vendors may not produce originals for you. Common ways to authenticate documentary evidence include:

• Custodian or records affidavit from the bank or business describing how records are kept and certifying the copy is true to the original.
• Sworn affidavit from the payer describing the payment and attaching copies of the statement or receipts.
• Certified copies from the bank (your branch can often provide official statements or copies of cleared checks).
• Vendor testimony or affidavit confirming work performed and payment received.

When you lack perfect proof

If you do not have a cancelled check or original receipt, courts will consider secondary evidence, but it is less persuasive. Photocopies of invoices plus bank records showing the payment are often accepted if you can explain the absence of originals. If a co‑owner refuses to provide records, you can ask the court to compel production or issue subpoenas for bank or vendor records.

Practical examples (hypothetical)

Example 1 — Mortgage and taxes: You paid the mortgage and property taxes after co‑owner stopped paying. Provide mortgage statements, tax bills, canceled checks or bank statements showing the payment, and an accounting showing amounts paid. The court can give you credit when distributing sale proceeds.

Example 2 — Contractor improvements: You contracted for a new roof. Provide the contract, contractor invoices, permits, canceled checks or credit‑card statements, and photos. If the work increased the value, request an appraisal to quantify the benefit.

What relief should you ask for in your pleading

In your partition complaint or answer, specifically request an accounting and credits for the payments you made. Attach your initial summary ledger and key exhibits if possible. The more organized and corroborated your accounting, the more likely the court will allow the credit.

Where to find the rulebook

Partition actions and the court’s power to divide or sell property are addressed in New York’s Real Property Actions and Proceedings Law, Article 9: https://www.nysenate.gov/legislation/laws/RPAPL/A9.

Helpful Hints

• Keep originals. Courts prefer originals; get certified copies from banks when originals are unavailable.
• Make a one‑page ledger so judges and clerks can quickly see totals and exhibit references.
• Label every document with date, vendor, check number, and exhibit tab to avoid confusion at trial.
• Distinguish maintenance (cleaning, minor repairs) from capital improvements (roof, HVAC). Explain why each expense was necessary or beneficial.
• Get receipts contemporaneously. Retroactive “recreated” receipts are weak evidence.
• If you used a credit card, include both the merchant receipt and the card statement line showing payment to the merchant.
• Consider an appraisal for substantial improvements to show added value versus merely cosmetic work.
• Use sworn affidavits from vendors or the person who paid expenditures to authenticate documents and explain entries.
• If another owner refuses to cooperate, you can ask the court to compel production or subpoena bank/vendor records through regular discovery procedures.
• Consult an attorney if expenses are large, co‑owner disputes the amounts, or you expect trial; partition accounts can involve complex equitable adjustments.

Final notes and disclaimer

This article explains common documentary proof and practical presentation tips for New York partition actions. It is educational only and is not legal advice. Laws and court practices change. For a tailored plan, or if your co‑owner disputes your accounting, consult a New York attorney who handles partition and real property litigation.