How to Get a Co-owner to Account for Mortgage Payments and Repair Costs Before You Split Sale Proceeds

Short answer: You cannot unilaterally force a co-owner to hand over records unless you have a contract or court order. However, under Hawaii law you can demand an accounting, refuse to divide proceeds until there is an agreed accounting, ask the court for an accounting or a partition action, and ask a closing agent or court to hold funds in escrow pending resolution. Courts will credit co-owners for mortgage payments and necessary repairs when dividing proceeds.

Detailed answer (what Hawaii law generally allows and what you can do)

This section explains, in plain terms, the legal tools you typically have in Hawaii when you and another person co-own real property and you want documentation of mortgage statements, insurance or repair receipts before proceeds from a sale are divided.

1. Co-owners’ rights and duties

When two or more people own property together (tenants in common or joint tenants), each owner has a right to an accounting of expenditures and contributions that affect the property. Hawaii courts recognize that co-owners who pay more than their share—whether for mortgage payments, taxes, insurance, or for repairs—may be entitled to credit or reimbursement when the property is sold or a partition occurs. If co-owners cannot agree, the dispute can be resolved by a court in a partition action or an accounting action.

2. Can you “require” the records without a court order?

No. You can make a written demand and insist that any sale or closing agent not disburse proceeds until there is a mutual accounting or escrow hold. But unless you have an agreement (written co-ownership agreement, escrow instructions, or deed language) giving you the right to compel production, your co-owner could refuse. In that case your practical remedies are to:

file a petition for an accounting or a partition action in Hawaii court, asking the judge to order production of documents and to allocate credits for payments and repairs; or
ask the closing agent or title company to hold proceeds in escrow until the parties agree or the court resolves the dispute; or
seek interim relief from the court (for example, an order that proceeds be placed in court or with a neutral escrow agent until accounting is complete).

3. How courts typically resolve contributions and repairs

In a partition or accounting action, the court will look at who paid for mortgages, taxes, insurance, ordinary and necessary repairs, and improvements. The court can then make equitable adjustments: credit the paying co-owner for necessary expenses, treat improvements differently than routine repairs, or order sale and division after adjustments. The aim is to reach an equitable division based on each owner’s contribution and the benefit each received.

4. Practical steps you can take now

Make a written request for mortgage statements, bank records showing mortgage or repair payments, invoices, and receipts. Keep a copy of your request.
Ask the escrow or title company handling the sale to place proceeds into escrow and to refuse disbursement until there is a signed settlement statement showing credits or until a court order directs distribution.
If your co-owner refuses, consider mediation. Courts in Hawaii often require or encourage alternative dispute resolution before trial.
If mediation fails, file a court action: (a) a petition for an accounting; or (b) a partition action that includes a request for an accounting and equitable credits. The court can order document production and preserve funds pending resolution.

5. Documents courts will want

To get credit you should document payments you made (bank statements, cancelled checks, receipt copies, invoices, contractor contracts showing work performed). Likewise, request the co-owner’s mortgage payoff statements, mortgage payment history, insurance payments, property tax receipts, and any receipts for repairs or contractor invoices.

6. Timing and costs

A negotiated accounting or escrow hold is usually fastest and cheapest. A court partition or accounting action can take months and will add court and attorney costs. The court may allocate fees as part of its equitable adjustment, but that is not guaranteed.

7. Where the lender and liens fit in

Mortgage lenders have priority. At sale, liens and mortgage payoffs normally come off the top before owners split net proceeds. If one co-owner paid more than their share of the mortgage, a court can order an adjustment in the net proceeds to reflect that contribution. Always confirm the payoff amounts and lien releases in writing so the final division reflects actual obligations paid.

8. Statutory and court resources

Hawaii’s statutes and courts provide the procedures and remedies for partition, accounting, and enforcement. For official statute text and to explore statutory provisions that govern civil procedure and property matters, see the Hawaii Revised Statutes online: https://www.capitol.hawaii.gov/hrscurrent/. For information about civil filings, forms, and local court practice in Hawaii, see the Hawaii State Judiciary website: https://www.courts.state.hi.us/.

Helpful Hints

Put your request in writing and keep proof of delivery (email read receipts or certified mail). This creates a record if you later go to court.
Ask the closing/escrow officer to hold proceeds in escrow until both owners sign an agreed final settlement statement or until the court orders distribution.
Preserve all receipts, canceled checks, bank statements, contractor invoices, and written estimates. Photographs before-and-after repairs can help prove necessity and value.
Differentiate between “repair” (maintaining the property) and “improvement” (adding value). Courts sometimes treat improvements differently from repairs when awarding credits.
Consider mediation or a neutral accounting before filing suit; courts and arbitrators can be faster and cheaper than litigation.
If you suspect the co-owner is hiding documents or moving money, seek immediate legal advice about temporary court orders to preserve assets or compel production.
Keep tax consequences in mind—who will claim deductions or capital improvements may affect post-sale tax reporting. Ask a tax advisor if needed.

Next practical steps

Send a detailed written request for all mortgage statements and repair receipts covering the relevant period.
Tell the escrow/title company in writing to hold funds pending an agreed accounting or court order.
If the co-owner refuses, consider mediation or file for an accounting/partition in Hawaii court.
Document everything you paid and gather evidence of necessity and cost for any repairs or mortgage payments you want credited.