Detailed Answer — What North Dakota law says about accounting, mortgage payoffs, and repair receipts

Short answer: You can ask a co-owner for mortgage statements and repair receipts, and North Dakota courts can require production of those documents in a partition or accounting case. However, a co‑owner’s obligation to provide documents is enforced through legal procedures (demand, discovery, subpoena, or a partition/action for accounting). Mortgage payoffs are controlled by the recorded mortgage and the lender’s payoff statement, and courts allocate sale proceeds after resolving liens, contributions, and credits.

How this typically plays out (hypothetical facts)

Imagine two co‑owners, A and B, own a rental house in Fargo and decide to sell. A paid the mortgage for the past 12 months and made some repairs. Before dividing the sale proceeds, A wants B to produce mortgage account statements and receipts for repairs so A can be reimbursed or credited for payments made.

What rights a co‑owner has under North Dakota law

Right to an accounting and fair division. Co‑owners are entitled to an accounting of expenses, payments, rents, and liens related to the property. If owners cannot agree, one owner may bring a partition action to force sale and settle claims in court. See North Dakota statutes governing partition actions (N.D.C.C. ch. 32‑17).
Right to request supporting documents. You may request mortgage statements, payoff quotes, repair invoices, cancelled checks, and receipts as part of an informal settlement process or as part of formal litigation and discovery.
Priority of recorded mortgages. A recorded mortgage is a lien on the property. The mortgagee’s required payoff amount (payoff statement) determines what must be paid to clear the lien at sale; individual statements from a co‑owner do not override a recorded mortgage or the lender’s payoff figures.

When a court can compel production

If the co‑owners cannot agree voluntarily, a court can require production of documents in two common ways:

Discovery in a civil lawsuit (including a partition or accounting action). Under North Dakota civil procedure, parties may use discovery tools (document requests, depositions, subpoenas) to obtain documents like mortgage statements and repair receipts.
As part of a partition or accounting action. In a partition action the court can order an accounting, allocate liens and expenses, and order sale and distribution of proceeds. The court can order a co‑owner to produce evidence of payments and expenses so it can determine credits or reimbursements.

How mortgage statements and repair receipts matter when dividing proceeds

Mortgage payoffs: Sale proceeds must first satisfy valid liens recorded against the property (mortgage payoffs). The lender’s payoff statement controls the actual amount to be paid at closing. A co‑owner’s private mortgage statements help show who paid what, but the lender’s payoff is decisive for clearing title.
Contributions and credits: If a co‑owner advanced mortgage payments or paid for repairs, that co‑owner can seek reimbursement or a credit against distributable proceeds. Receipts, bank records, and mortgage statements are evidence for those claims.
Rents and profits: If the property generated rental income or expenses were paid by one party, the court may include rents and profits in the accounting. Documentation supports those calculations.

Practical steps you can take

Ask in writing. Send a clear written request to the co‑owner asking for mortgage account statements, payoff statements, repair invoices, receipts, cancelled checks, and bank records. Keep a copy.
Obtain a lender payoff directly. Contact the mortgage company for a written payoff statement. The lender will give the amount required to satisfy the mortgage at closing.
Use mediation or settlement negotiations. If both owners are willing, mediation or a settlement meeting can resolve credits and reimbursements without court.
File a partition or accounting action if cooperation fails. In a partition action the court can order an accounting, compel document production, appoint a receiver, and order sale and distribution of proceeds. See the North Dakota partition statutes (N.D.C.C. ch. 32‑17).
Use formal discovery and subpoenas in litigation. If the co‑owner refuses to provide documents, request them through formal discovery or seek subpoenas or court orders compelling production.

What the court will consider when dividing proceeds

Recorded liens and payoff statements from mortgagees — these are paid first from sale proceeds to clear title.
Actual contributions demonstrated by receipts and bank records (mortgage payments, repairs, property taxes, insurance) — courts allocate credits accordingly.
Agreements between co‑owners (written or clear oral agreements) about payment responsibilities, profit splits, or reimbursement arrangements.
Equitable considerations — if one co‑owner acted improperly or withheld documents, the court may consider that in allocation or award of costs.

Key North Dakota statute (where to start)

Partition and the court’s power to order sale and distribution are addressed in North Dakota’s statutes on partition. For the statutory framework and procedures, see the North Dakota Century Code, chapter on partition: N.D.C.C. ch. 32‑17 (partition). That chapter explains how a co‑owner may bring a partition action and what remedies a court may order.

When you should talk to an attorney

If the other co‑owner refuses to produce documents, if the amounts at issue are large, or if there are competing liens or complex contributions, consult a North Dakota attorney who handles real estate, partition, or property disputes. An attorney can help you obtain payoffs from lenders, draft discovery requests, and represent you in a partition or accounting action.

Disclaimer

This article is educational and informational only. It is not legal advice, does not create an attorney‑client relationship, and should not be relied on as a substitute for advice from a licensed North Dakota attorney who can evaluate your specific situation.

Helpful Hints

Start by asking politely and in writing — document your request and keep copies.
Get a lender payoff directly — lenders provide the authoritative payoff amount for clearing a mortgage.
Collect and preserve evidence: receipts, invoices, cancelled checks, bank statements, and communications about payments.
If you are the buyer at a private sale or closing agent, ensure the closing statement pays recorded liens and documents credits before distributions are made.
If cooperation breaks down, a partition action or motion to compel discovery can force production of documents.
Keep communications professional and avoid making unilateral changes to the property or records that could complicate an accounting.