Can a co-owner be required to provide mortgage statements and repair receipts before dividing sale proceeds?
Short answer: Under Pennsylvania practice you can demand accounting and documentation from a co-owner, and if they refuse you can obtain that evidence through a court process (for example, a partition action with discovery). Mortgages and properly recorded liens generally must be satisfied before net sale proceeds are divided, and reasonable repair expenses paid by a co-owner may be credited against that owner’s share — but you usually need documentation and, if contested, a court will decide.
Detailed answer — what Pennsylvania law and practice generally allow
This answer assumes two or more people own the same real property (co-owners or tenants in common) and one or more want a sale and division of the proceeds. The main points:
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Mortgage liens and recorded encumbrances are paid first.
If the property has a mortgage or other recorded lien, that secured creditor has a superior right to the sale proceeds to the extent of its lien. In practice the closing agent or the court (in a supervised sale or partition sale) will pay mortgage and lien holders from the sale proceeds before dividing the remainder among co-owners.
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You can request mortgage statements, invoices, and receipts.
Co-owners have a right to basic information about the property, including whether mortgages exist and the amounts owed. If a co-owner claims they paid mortgage installments, property taxes, insurance, or repairs and wants credit at closing, they should produce supporting documents (mortgage statements, cancelled checks, receipts, invoices). If they refuse, you can use written demands, and if necessary, formal discovery in court to obtain the documents.
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If the co-owner refuses to produce records, a court can compel them.
When informal requests fail, you may file an action (often a partition action if the property should be sold). In that litigation you can use Pennsylvania civil discovery tools — requests for production, interrogatories, depositions, and motions to compel — to force production of mortgage statements, bank records, receipts, and other evidence. See the Pennsylvania Rules of Civil Procedure for civil discovery procedures: https://www.pacourts.us/rules-and-policy/rules-of-civil-procedure.
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Equitable credits and reimbursements are possible but must be proved.
If a co-owner paid mortgage payments, taxes, insurance, or made necessary repairs to preserve the property, Pennsylvania courts can allow an accounting and award credits for those payments when dividing proceeds. The paying co-owner should present clear documentation. Absent documentation, a court may discount or deny claimed credits.
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Courts supervise distribution when ownership is disputed.
In a partition action the court oversees the sale and distribution of proceeds, determines lien priorities, and resolves disputes about reimbursements. The court can delay distribution of proceeds until required documentation is produced or a dispute is resolved.
Bottom line: you cannot unilaterally withhold proceeds from a closing simply because a co-owner withheld documents, but you can (1) demand documents, (2) check public records for mortgages and liens, (3) file for a court-ordered accounting or partition, and (4) use discovery to compel production. A court can then sort out liens and credits and order distribution only after its determination.
How this works in practice — common scenarios
Scenario A — Lender mortgage exists
If a mortgage is recorded, the lender must be paid at sale. The closing agent or court will pay the lender from sale proceeds. If a co-owner claims they paid down the mortgage and wants reimbursement or an increased share, they must produce mortgage statements and proof of payment. Without proof, the payment claim is weak.
Scenario B — One co-owner made repairs and claims reimbursement
A co-owner who paid for necessary repairs can ask for credit. Save repair invoices, contractor contracts, receipts, and proof of payment. Disputed claims are typically resolved in court or through negotiation. Voluntary cooperation makes closing smoother.
Scenario C — Co-owner refuses to provide paperwork
Begin with a written demand for the records and allow a reasonable time for production. If refused, consider filing a partition or accounting action and using formal discovery. The court can compel production and postpone distribution until the dispute is resolved.
What you can do right now — practical steps
- Ask in writing for mortgage statements, cancelled checks, invoices, and receipts. Keep a copy of the demand and any response.
- Obtain a title or lien report from the county recorder / register of deeds to identify recorded mortgages and liens (these records are public).
- If the property is under contract, inform the closing agent of any outstanding disputes so they can consider holding disputed sums in escrow or refusing to disburse until resolution.
- If an informal approach fails, consult an attorney about a partition action or an accounting to use discovery tools and obtain a court order for production.
- Preserve and organize your own documentation: photos, receipts, communications, cancelled checks, bank statements showing payments tied to the property.
When to hire an attorney
Hire a Pennsylvania real property attorney if:
- Co-owners disagree about whether to sell or how proceeds should be divided;
- A co-owner refuses to turn over mortgage statements or receipts and the amount at issue is significant;
- There are multiple liens, unknown creditors, or complex claims for reimbursement;
- You need someone to file a partition action or to use court-ordered discovery and motion practice.
Helpful Hints
- Make written requests for records and keep copies. A documented trail helps in court.
- Search public land records early to identify mortgages and lienholders — these must be satisfied at sale.
- Use escrow at closing to protect disputed amounts. A closing agent can hold disputed funds until issues are resolved.
- Know that a court-supervised partition sale tends to be slower and costlier but gives you discovery and an enforceable resolution.
- Collect contemporaneous receipts, photos, contractor agreements, and bank statements when paying for repairs or mortgage installments — those are the strongest proof.
- Ask the closing agent for a proposed settlement statement early so you can spot disputed credits and liens.
- If a co-owner has been paying mortgage and insurance alone, they may claim an equitable lien or credit; documentation strengthens that claim.