Can a co-owner be required to provide mortgage statements and repair receipts before sale proceeds are divided?

Short answer (FAQ style): Under Kansas law you can ask a co-owner for mortgage statements and repair receipts and, in many circumstances, insist on an accounting before you divide sale proceeds. However, you usually cannot force the other owner to produce documents outside of a court process or a written agreement. If the owners cannot agree, you can seek a court-ordered accounting or bring a partition action. A court can allocate sale proceeds after accounting for mortgage payments, liens, and necessary repairs or improvements.

Detailed answer — what Kansas law and practice say

Start with the basics: co-owners of real property (tenants in common or joint tenants) share ownership, but each owner does not automatically control or know every financial transaction relating to the property. When you sell the property and divide proceeds, Kansas recognizes that some owners may have paid more than others toward mortgage payments, taxes, insurance, repairs, or other expenses. Kansas courts resolve these disputes by ordering an accounting and adjusting each owner’s share based on contributions and liens.

Key legal points to understand:

Voluntary cooperation vs. court process. If you and the co-owner agree, you can require documentation as part of a written sale agreement, escrow instructions, or a settlement agreement before disbursing proceeds. Absent agreement, you generally must use discovery or a court action (for example, an accounting or partition) to compel production.
Partition and accounting. If co-owners cannot agree, a partition action is the common remedy. In a partition action the court can order a sale and then decide how to distribute proceeds after accounting for mortgage payments, outstanding liens, necessary repairs, and improvements. The court may credit an owner who made mortgage payments or major repairs against that owner’s share of the sale proceeds.
Discovery powers. When you file a lawsuit (for example, an action for accounting or partition), you can use Kansas civil discovery rules to request mortgage statements, receipts, canceled checks, bank records, contractor invoices, and other documents. Refusal to produce required documents can lead to court sanctions or an adverse inference.
Title company and escrow considerations. If you sell through a title company or escrow agent, those entities typically distribute proceeds according to written closing instructions signed by all owners or a court order. If one owner wants to withhold distribution pending an accounting, the escrow agent will usually require either a joint instruction, a written escrow agreement, or a court order before holding funds indefinitely.
Equitable credits and liens. Kansas courts may award credits for mortgage payments or necessary repairs made by one owner. In some circumstances an owner who paid for repairs or mortgage installments may assert an equitable lien or right of reimbursement, which the court can enforce when dividing proceeds.

Relevant statutory authority and resources: Kansas does not place partition rules only in a single short statute; partition practice and equitable accounting are addressed through Kansas statutes and court rules and case law. For statutory language and related provisions, consult the Kansas Statutes and local court rules (Kansas statutes and resources are available through the Kansas Revisor of Statutes: https://www.ksrevisor.org/statutes/).

Typical scenarios and what you can do

1) You have no written agreement and the co-owner refuses to provide documents

File an action for accounting or a partition action in Kansas district court. During litigation you can use discovery (document requests and depositions) to obtain mortgage statements and repair receipts. Ask the court to order an accounting and to credit contributions when dividing proceeds.

2) Sale is already scheduled and you want to protect your interest

Ask the title company or escrow agent to hold proceeds in escrow pending a written accounting or a short escrow holdback. If the other owner refuses, consider getting a temporary court order stopping distribution until an accounting is completed.

3) You and the co-owner agree to cooperate

Put the agreement in writing. Include the list of documents you want (mortgage statements showing principal and interest contributions, cancelled checks, bank transfers, repair invoices and receipts, contractor contracts) and set a deadline. Include a provision that proceeds will not be disbursed until the accounting is complete, or set a predetermined holdback amount to address disputes.

Practical evidence and proof

To prove contributions you should collect:

Mortgage statements showing payments and escrow activity
Cancelled checks, bank statements, or payment confirmations for mortgage or repair payments
Receipts and invoices from contractors or suppliers
Signed repair contracts or change orders for substantial improvements
Tax bills, insurance premiums, and proof of payment for these items

Timeframes and costs

Litigation (partition or accounting) takes time and may involve court costs and attorney fees. If the amount at stake is small, consider alternative dispute resolution (mediation) or a negotiated settlement to avoid litigation expense.

When a court will adjust shares

If you prove one co-owner paid more than their pro rata share of mortgage, taxes, or necessary repairs, a Kansas court can order equitable adjustments. The court will look at documentation, the nature of expenses (ordinary maintenance vs. capital improvement), and whether payments benefited all owners.

Helpful Hints

Ask in writing. A written request for documents creates a record of your request and helps later in court.
Be specific. Request exact documents (monthly mortgage statements for specific dates; contractor invoices; cancelled checks or wire confirmations).
Preserve evidence. Save emails, texts, receipts, contracts, and bank records now; do not destroy or alter records.
Use escrow. If possible, insist on sale proceeds to be held in escrow until an accounting is complete or until you agree to distribution terms in writing.
File for an accounting or partition if cooperation fails. Courts can compel documents and make equitable adjustments to proceeds.
Consider mediation. A neutral mediator can resolve disputes faster and cheaper than a trial.
Think about tax consequences. Getting credited for mortgage payments or improvements can affect basis and tax reporting—talk to a tax advisor.
Consult a Kansas attorney. Property division, equitable liens, and partition rules are fact-sensitive; an attorney can evaluate your evidence and advise on strategy.

Next steps

If you need documents now, send a clear written request to the co-owner and to the mortgage servicer (mortgage servicers can often confirm who made payments). If the co-owner refuses, consider filing a petition for partition or an accounting in the district court in the county where the property lies, or ask a lawyer about sending a discovery-demand letter before filing suit.

Disclaimer: This article explains general legal concepts under Kansas law and is for educational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Kansas attorney.