Overview

When two or more people co-own real property in Utah, disagreements often arise at sale: who paid what, who repaired what, and who should get what from the sale proceeds. This article explains your practical rights and options under Utah law if you want a co-owner to produce mortgage statements, repair receipts, or other proof before any proceeds are divided. It also outlines steps to preserve your claims and when to involve the court.

Detailed Answer — What Utah law allows and how to enforce it

Short answer: You cannot unilaterally force a co-owner to hand over documents, but you can demand an accounting and seek credits for mortgage payments, taxes, liens, and repairs. If the co-owner won’t cooperate, you can ask a court to order an accounting, preserve proceeds in escrow, or resolve the distribution in a partition action. Utah’s partition statutes provide courts the remedies needed to sort out financial contributions and divide proceeds fairly.

Key legal principles (plain language)

Cotenant accounting and contribution: When co-owners share property (tenancy in common or joint tenancy in Utah), each owner generally has a right to an accounting of payments and contributions. If one co-owner paid mortgage installments, property taxes, or major repair costs, equity courts often allow those payments to be credited to that co-owner when the property’s sale proceeds are divided.
Proof matters: To get credit, the paying co-owner must prove payments or outlays (bank statements, cancelled checks, receipts, invoices, or mortgage statements). Without proof, a court is less likely to award a dollar-for-dollar credit.
Voluntary sale vs. court-ordered partition: If all owners agree on a private sale and on how to distribute funds, they can set any documentation or escrow conditions they want. If a co-owner refuses to cooperate, you can file a partition action in Utah district court and ask the court to order an accounting and allocate proceeds. See Utah’s partition statutes for the court’s authority.

What the court can do

Order an accounting and require production of documents. A judge can order the co-owner to produce mortgage statements, receipts, and other records relevant to contributions and expenses.
Allow credits or liens for proven payments. The court may give credit to the co-owner who paid mortgages, taxes, insurance, or made repairs that preserved or increased property value.
Order sale and distribution. If the property should be sold, the court can order sale, direct how proceeds are split after credits, and direct that proceeds be held in escrow pending resolution.

Relevant Utah statutory authority

Actions to divide and allocate interests in real property are governed by Utah’s partition statutes. Those provisions describe how parties may force sale, seek allocation, and obtain judicial remedies such as accounting and distribution. See Utah Code, Title 78B, Chapter 6 (Actions for Partition): https://le.utah.gov/xcode/Title78B/Chapter6/78B-6.html.

Practical effect in common scenarios

Example 1 — Voluntary sale with cooperation: If you and a co-owner sell the house and both agree proceeds will be split net of verified payments, request documents in writing and instruct the escrow holder to withhold distribution until both parties sign a settlement statement and provide invoices. Escrow companies will follow written joint instructions.

Example 2 — Co-owner refuses to cooperate: If the co-owner takes the proceeds and refuses to share receipts or reimbursements, you can file a partition or an accounting claim. Ask the court to (a) require document production, (b) order funds held in escrow if the sale is pending, or (c) set off credits against the distribution.

Example 3 — One co-owner made mortgage payments: A co-owner who paid the mortgage may be entitled to reimbursement or an equitable credit. The amount and nature of the credit depend on whether the payments preserved the property or simply covered that co-owner’s share of an obligation. Proof is crucial.

How to request and preserve documentation (step-by-step)

Send a clear written request: Ask the co-owner for mortgage statements, cancelled checks, repair invoices, and tax payments. Keep a copy of your request.
Ask escrow to hold proceeds: If the sale is underway, instruct the escrow company to hold proceeds until you and the co-owner resolve accounting disputes or until the court orders distribution.
Collect independent proof: Get mortgage payoff statements from the lender, contractor invoices from repair companies, cancelled checks or bank statements that show payments, and proof of tax payments from the county tax office.
If refused, file a motion in court: If the co-owner declines to cooperate, file for an accounting or partition in Utah district court. Ask the court to compel production of documents and to preserve or allocate proceeds accordingly.

Timing and evidence tips

Act promptly: Remedies like partition and requests for injunction/escrow work best before proceeds are dispersed. If proceeds are already dispersed, you still have remedies, but recovery may be harder.
Document everything: Save emails, written requests, receipts, bank records, and contractor agreements. Courts rely on documentary proof.
Distinguish repairs from improvements: Ordinary repairs to maintain property value are more likely to be reimbursed. Capital improvements that increase value may justify a different credit or share in appreciation.

When to involve an attorney

Consider hiring a lawyer if:

A co-owner refuses to provide documents or to negotiate a fair settlement;
Large sums are at stake or complex claims exist (multiple mortgages, liens, or contested improvements);
You need to file a partition action, request an injunction, or compel discovery.

An attorney can prepare written demands, negotiate escrow arrangements, and present evidence and legal arguments to the court.

Helpful Hints

Always make your documentation requests in writing and keep copies.
Ask the mortgage lender for a payoff statement and the county for tax payment history — those third-party records carry weight.
Use escrow to protect proceeds while disputes are resolved.
Keep repair invoices, contracts, and photos of work to support claims for reimbursement or credit.
If a co-owner paid more than their share, ask for an accounting promptly; equity claims can be time-sensitive.
In a sale, insist on a settlement statement (HUD-1 or ALTA) showing all disbursements before signing distribution instructions.
If you’re unsure how much you should get, consult an attorney experienced in Utah partition and real property claims.

Disclaimer: This article explains general legal principles under Utah law and common practical steps. It is educational only and not legal advice. For advice specific to your situation, consult a licensed Utah attorney.