Can a co-owner be required to provide mortgage statements and repair receipts before sale proceeds are divided?

Short answer: Under Ohio law, you cannot force a co-owner outside of court to produce documents, but if you file a partition or accounting action the court can require them to disclose mortgage statements, repair receipts, and other records and can adjust the distribution of sale proceeds to reflect each owner’s contributions.

Disclaimer

This article is for general information only and is not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Ohio attorney.

Detailed answer — how Ohio law treats co-owner records, accounting, and partition

When two or more people own real property together (joint tenants, tenants in common, etc.), each co-owner has a right to an accounting of contributions and to a fair division of proceeds when the property is sold. Ohio provides a statutory mechanism for resolving disputes over title and division by allowing a co-owner to bring a partition action. The partition statutes allow a court to divide property or order a sale and distribute proceeds after taking into account payments and contributions by the owners.

Key points:

Either co-owner may file for partition: Under Ohio’s partition statutes, a co-owner can ask the court to partition the property or order its sale. See Ohio Revised Code Chapter 5307 (partition). A useful starting link is the partition statute, for example: Ohio Rev. Code § 5307.01 and the chapter generally at the Ohio Revised Code website.
The court can order discovery and production of documents: Once a partition (or related accounting) lawsuit is filed, the parties may use court discovery tools to require the other side to produce mortgage statements, cancelled checks, bank records, repair invoices, contractor contracts, tax bills, insurance payments, and similar evidence of expenditures. If the other owner refuses, the court can compel production by subpoena or discovery order and impose sanctions for failure to comply.
Accounting for payments and repairs: Ohio courts generally allow adjustments to the net sale proceeds to account for contributions by co-owners. That means a co-owner who paid the mortgage, property taxes, insurance, or reasonable repairs may receive credit (or reimbursement) before equal division of net proceeds. Conversely, improvements or waste can alter distributions; a party who made value-adding improvements may be entitled to compensation or a lien in some situations.
What the court considers: The judge will look for reliable records proving payments and value added. Mortgage statements, bank records showing payments, receipts for repairs, contracts, and canceled checks are typical evidence. Without documents, a claim for contribution or reimbursement is harder to prove.
Interim relief and preservation of funds: In some cases, a co-owner who fears the other will dissipate assets can ask the court for temporary orders to preserve evidence or assets pending litigation. Courts have equitable powers to fashion appropriate relief in a partition or accounting action.

Practical effect for your situation

If a co-owner refuses an informal request for mortgage statements and repair receipts, you have these practical options:

Send a written demand describing the documents you need and a reasonable deadline. Keep a copy.
Propose a neutral process: mediation, an agreed accounting, or a stipulated exchange of documents before sale.
If informal steps fail, file a partition action or an action for an accounting in the appropriate Ohio court. In that lawsuit you can serve discovery requests and subpoenas to force the production of mortgage statements and receipts.
Ask the court to credit any proven payments or repair costs against the refusing co-owner’s share of proceeds. The court will weigh credible records when allocating the net sale proceeds.

What counts as a reimbursable contribution?

Typical reimbursable items include:

Mortgage payments (principal and often contribution towards principal; interest and taxes may be treated differently depending on the facts)
Property taxes and insurance payments
Costs of necessary repairs and maintenance
Special assessments and other carrying costs

The exact treatment depends on the facts and on what evidence you can present. Courts try to be fair: if one co-owner paid more than their share, the other may have to contribute on a percentage basis or accept a reduced distribution.

Helpful Hints

Ask first in writing. A clear, polite demand with a deadline often resolves the issue without court.
Preserve evidence. Collect copies of mortgage statements, cancelled checks, bank records, invoices, contracts, and photos of repairs or improvements.
Track who paid what and when. Create a spreadsheet listing dates, payor, payee, amount, purpose, and supporting document references.
Get an independent estimate of repair value if repairs are disputed. An inspector or contractor estimate helps establish reasonableness and value added.
Consider mediation. Many co-ownership disputes resolve faster, cheaper, and with less hostility through mediation than through litigation.
Be mindful of deadlines. If you anticipate a lawsuit, preserve documents now; courts can impose penalties for destroyed evidence.
Talk to a local Ohio real estate or property litigator. An attorney can advise whether partition, accounting, or another remedy fits your facts and can draft discovery requests and subpoenas.

Typical evidence to gather before starting a claim

Gather these items to support your claim for credit or reimbursement:

Mortgage statements and amortization schedules
Cancelled checks or bank records showing payments
Invoices, receipts, and paid contractor bills for repairs and improvements
Receipts for property taxes and insurance premiums
Written contracts for repairs or remodeling
Any written agreements between the co-owners about who pays what

Where to find the statutes and next steps

Start with Ohio’s partition statutes (Ohio Rev. Code Chapter 5307) for the statutory procedure to compel sale and distribution. A helpful statutory reference is: Ohio Rev. Code § 5307.01. For case-specific strategy, contact a licensed attorney in the county where the property is located.

If you want, I can:

List typical documents to include in a written demand to the co-owner;
Provide a sample checklist of records to gather before filing; or
Suggest what to ask a local Ohio attorney in an initial consultation.