Detailed Answer

If you co-own real property in West Virginia and you plan to sell it, you can ask a co-owner to provide mortgage statements, proof of mortgage payments, and receipts for repairs before dividing the sale proceeds. Whether you can force production of those records or withhold funds until you receive them depends on how you proceed: by agreement, by escrow, or by court action.

1. Agreement between co-owners (preferred, fastest route)

The simplest approach is a written agreement. You and the co-owner can agree that proceeds will be held in escrow until each owner provides required documentation and the parties complete an accounting. Use a neutral escrow agent or title company. The escrow or settlement instructions can require delivery of mortgage statements, cancelled checks, bank records, and repair invoices before funds disburse.

2. Using escrow or closing instructions

If the property sells through a title company or closing agent, add specific closing conditions. The closing agent can hold sale proceeds until documentation is provided or until you get a court order allocating proceeds. This avoids litigation and gives both parties time to substantiate claims for credits or reimbursements.

3. Court remedies — partition and accounting

If the co-owner refuses to cooperate, you can ask the Circuit Court for relief. In West Virginia, a partition action is the standard method to force a sale or divide ownership when co-owners cannot agree. The court can order a judicial sale and decide how to divide the proceeds after accounting for mortgages, liens, and equitable credits for payments or repairs. See West Virginia law on partition: W. Va. Code, Chapter 37 (Partition).

In a partition action the court frequently requires an accounting. That means the court will examine who paid the mortgage, who performed repairs, and whether payments were made to protect the property’s value. If a co-owner paid more than their share for mortgage or necessary repairs, the court may award that co-owner a credit from the sale proceeds or impose an equitable lien. To obtain those credits, the paying co-owner must prove the payments with documentation.

4. What you can (and should) request

Ask for these items to support any claim for reimbursement or contribution:

• Mortgage statements and payoff statements showing balances and payments.
• Cancelled checks, bank statements, or online payment confirmations showing mortgage payments.
• Receipts, invoices, and paid contractor bills for repairs and maintenance.
• Photographs showing before-and-after condition for repairs.
• Signed contracts with contractors or service providers.

5. If the co-owner refuses to produce documents

If a co-owner will not provide records, you can:

• Send a formal written demand for the documents and set a reasonable deadline.
• Ask the closing agent to require documentation before disbursing funds to that co-owner.
• File a partition action asking the court to order an accounting, production of records, and an allocation of proceeds. Circuit Courts in West Virginia handle these disputes; more information on the court system is available at the West Virginia Judiciary site: West Virginia Circuit Courts.

6. Standards the court uses

A West Virginia court will generally: (a) identify liens and mortgages that must be paid out of proceeds, (b) determine whether one co-owner made payments that benefited the property, and (c) award equitable credits or liens when appropriate. The paying co-owner bears the burden of proof for amounts paid. Courts aim for an equitable result, not necessarily a strictly equal split.

7. Timing and preservation of evidence

Preserve all of your documents now. Save digital copies of bank records, online mortgage payment confirmations, emails, texts about payments or repairs, and contracts. The sooner you collect evidence, the stronger your position for a negotiated settlement or a court accounting.

8. Practical considerations

If the other co-owner legitimately paid mortgage installments or made repairs, they are often entitled to reimbursement from the sale proceeds, but they must prove it. Holding the buyer’s or co-owner’s proceeds in escrow until documentation is produced is a practical, low-cost solution that often avoids court. If the disagreement is substantial or the co-owner refuses to cooperate, expect to bring the matter to Circuit Court where the judge will resolve production, accounting, and distribution issues.

Key West Virginia reference: Partition code: W. Va. Code, Chapter 37 (Partition). For court procedures and filing, see your local Circuit Court rules: West Virginia Circuit Courts.

Important: This article explains common legal options and practical steps under West Virginia law but does not substitute for personalized legal advice.

Helpful Hints

• Start with a written demand listing the documents you need and a firm deadline.
• Use an escrow or title company to hold sale proceeds while you sort documentation.
• Collect and organize: mortgage statements, cancelled checks, bank records, invoices, contracts, and photos.
• Keep electronic backups and print copies of key documents.
• Consider a short mediation or neutral accounting before filing suit—cheaper and faster.
• If you file a partition action, ask the court for an accounting and for an order compelling production of records.
• Remember that the person claiming reimbursement must prove the payments; records are your best evidence.
• Consult a West Virginia real estate attorney early if the co-owner won’t cooperate or if large sums are at stake.

Disclaimer: This is general information and not legal advice. For advice about your specific situation, consult a licensed West Virginia attorney.