Detailed answer — how this works in Alaska

This answer explains how co‑ownership, mortgages, repair expenses, and sale proceeds usually interact in Alaska. This is educational information and not legal advice. Consult a licensed Alaska attorney for specific guidance.

Who controls the documents?

Each co-owner generally has a right to information about jointly owned property. But there is no automatic private‑party power to force another co-owner to produce documents (mortgage statements, receipts, invoices) unless the co-owner agrees or a court orders production. Lenders’ mortgage statements are also sometimes protected by privacy policies, though an owner named on the loan can request account statements directly from the lender.

What happens when the property is sold?

When jointly owned real property is sold, sale proceeds are used first to pay liens that attach to the property (for example, mortgage liens). If a mortgage is in place, the lender has a legal claim that must be satisfied at closing. After paying liens and sale costs, the remaining net proceeds are divided among the owners according to their ownership shares—unless there is a written agreement that says otherwise or a court decides on equitable adjustments.

Can a co-owner get credit for mortgage payments, taxes, or repairs?

Yes. In a division (or a partition action), Alaska courts apply equitable principles. A co-owner who paid mortgage installments, property taxes, or paid for repairs and improvements may be entitled to reimbursement or an equitable credit against the other co-owners’ shares. To get that credit, the paying co-owner typically must document the payments (bank records, canceled checks, mortgage statements, receipts, contractor invoices) and show they were for the benefit of the property.

How are disputes about documentation resolved?

If a co-owner refuses to provide documentation, you have several options:

• Request documents in writing and keep a record of the request.
• Ask the lender for mortgage statements if you are a named borrower/owner on the loan.
• Use mediation or negotiation to reach an agreement on credits before sale.
• File a partition action or other lawsuit in Alaska Superior Court asking the court to order an accounting, production of documents, and an equitable division of proceeds. Courts have the authority to compel production of documents and to allocate credits for payments and repairs.

Procedure in court — what courts can do

In an Alaska civil action (including partition or accounting), the court can issue discovery orders requiring a co-owner to produce mortgage statements, receipts, and other records. The court can then calculate reimbursements and adjust the distribution of sale proceeds accordingly. See Alaska Rules of Civil Procedure for discovery tools and motions. For general access to Alaska statutes and court rules, consult the Alaska Legislature site and the Alaska Court Rules: https://www.akleg.gov/basis/statutes.php and https://www.courts.alaska.gov/rules/index.htm.

Practical consequences

Practically, if you proceed without a court order and a co-owner refuses to cooperate, you cannot withhold sale proceeds at closing if the other owner has the right to close (for example, if both signatures are not required or there is a contract to sell). Instead, you should preserve your claims for an accounting or reimbursement in a later court action or insist on contracting terms that address documentation and credits before closing.

Steps to protect your interests

If you want to require mortgage statements and repair receipts before dividing proceeds, consider this practical roadmap:

1. Send a written request to the co-owner asking for mortgage statements, insurance records, tax bills, and all receipts for repairs and improvements. Keep copies of the request and any responses.
2. Request mortgage account statements directly from the lender if you are named on the loan. Lenders will usually provide statements to named borrowers.
3. Propose a written agreement (signed by both owners) that identifies which payments will be credited and how proceeds will be split.
4. If negotiation fails, consider mediation to resolve documentation disputes and allocation of credits before sale.
5. If you cannot agree, file a partition or accounting action in Alaska Superior Court. Ask the court for discovery, an accounting, and an equitable adjustment before the final division of proceeds.

What you can reasonably expect a court to order

An Alaska court can:

• Compel production of financial records and receipts through discovery.
• Order an accounting of mortgage payments, taxes, insurance, and repairs.
• Allocate credits or liens for payments made by one co-owner on behalf of the property.
• Order sale of the property (partition by sale) and divide net proceeds after resolving credits and liens.

Helpful hints

• Put all requests in writing and keep copies. Written records help show you asked for documentation.
• Collect your own documents (bank statements, cancelled checks, emails, text messages, contractor estimates) as early evidence of payments or repairs.
• If the mortgage lists you as a borrower, request statements from the lender — you often have a direct right to those statements.
• Mediation is often faster and cheaper than court. Try it before filing a partition action.
• Time matters. Preserve evidence quickly because documents can be lost or discarded over time.
• Be realistic about costs. Preparing an accounting or litigating a partition can be expensive relative to the amount at issue. Evaluate whether negotiation or a compromise is more cost effective.
• Hire an Alaska attorney experienced in real property or partition actions if the sums involved justify it.