Detailed answer

When two or more people own real property together, division of sale proceeds should reflect each owner’s legal and equitable interests. That means the person who paid the mortgage, taxes, or substantial repairs may be entitled to reimbursement or a credit against the sale proceeds. To decide who gets what share, you need a clear accounting of contributions, expenses, and outstanding liens.

In Rhode Island, there are three common ways to obtain documents and an accounting:

1. Informal demand and negotiation. Start by requesting the mortgage payoff statement(s) and repair receipts in writing. Ask the co‑owner to provide original receipts or certified copies and a lender payoff. Many disputes resolve when one co‑owner produces clear records. Put the request in writing and keep proof of delivery.
2. Use closing/escrow mechanics. A closing agent or title company typically requires payoff statements from mortgage lenders and often asks for lien releases. If co‑owners cannot agree about credits for repairs or past payments, the closing agent may insist on a written agreement or a court order before disbursing funds. Parties can also agree to place the disputed portion of proceeds into escrow pending resolution.
3. File a court action (partition, accounting, or related claim). If negotiation fails, seek a judicial remedy. In a partition action or a separate suit for accounting, Rhode Island courts can order discovery, compel production of documents, and order an equitable accounting of contributions. The court can:
   • order one co‑owner to produce mortgage payoff statements and repair invoices;
   • subtract mortgage payments, taxes, insurance, and reasonable repair costs from the share of the party who benefited;
   • place disputed funds in the court’s registry or direct the closing agent to hold funds until the court resolves credits and liens.

Practical legal doctrines the court may apply include contribution among co‑owners, equitable credits for necessary improvements, and setoffs for payments that one co‑owner made for the benefit of the property. Courts generally require contemporaneous, reasonably detailed records to award reimbursement; verbal claims without documentation are harder to prove.

What documents are most important?

• Mortgage payoff statements (lender-provided payoff letters showing principal, interest, fees).
• Canceled checks, bank statements, or credit-card records showing payments to the lender or payments for repairs.
• Receipts or invoices from contractors, suppliers, or hardware stores showing dates, work performed, and amounts.
• Contracts for major repairs or improvements, and any permits or inspection reports.
• Title documents showing liens, recorded mortgages, and releases.

If a co‑owner refuses to produce documents

• Send a formal written demand and set a reasonable deadline.
• Ask the lender directly for a payoff statement. Lenders respond to payoff requests from any owner or the title company if you provide ownership proof.
• In litigation, seek discovery or a subpoena for the records. Courts can compel production and can impose sanctions for unjustified refusal.
• Ask the court for an accounting or for funds to be placed in escrow until the dispute resolves.

Costs and tradeoffs

Litigation to compel records or to obtain an equitable accounting can be slow and expensive. If the disputed amounts are small, settlement negotiations, mediation, or an interpleader/escrow arrangement at closing may save time and money. If you suspect one co‑owner is withholding material information deliberately, a lawyer can help you assess whether court intervention is worth the cost.

Relevant Rhode Island resources

Rhode Island statutes and court procedures govern partition actions and civil discovery. For statute text and legislative material, see the Rhode Island General Assembly statutes page: https://www.rilegislature.gov/Statutes/. For civil filing rules and information about the Superior Court (where most real property disputes are heard), see the Rhode Island Judiciary: https://www.courts.ri.gov/Courts/SuperiorCourt/Pages/default.aspx. These resources explain filing procedures, forms, and local court rules.

Note: Statutes and local rules control specific remedies and procedures. If you decide to pursue a court action, check the current Rhode Island statutes and civil rules or consult a Rhode Island attorney for legal strategy tailored to your situation.

Helpful Hints

• Keep records organized: make copies of every receipt, cancelled check, and communication.
• Request a lender payoff in writing and ask the title company to obtain or verify it before closing.
• Use certified mail or email with read receipt for formal requests to co‑owners—document attempts to obtain records.
• Consider escrow: ask the closing agent to hold disputed funds pending agreement or court order.
• Photograph or scan physical receipts and store them in at least two secure places (cloud and local backup).
• If the co‑owner claims large repair costs, ask for itemized invoices, proof of payment, and any permit or inspection records.
• If you plan litigation, preserve evidence now—do not discard or alter documents—and get legal advice early.
• Consider mediation to resolve accounting disputes faster and with lower cost than court.