Disclaimer: This is general information only and not legal advice. Laws and court procedures vary. Consult a licensed Louisiana attorney for advice about your specific situation.
Detailed Answer — What documents to gather and how to use them
When two or more people own a house together and one asks the court to partition (divide or sell) the property, the court needs reliable proof of any expenses one owner says they paid on behalf of the property. To prove those payments in a Louisiana partition case, gather organized documentary proof and prepare to authenticate it in court.
Key categories of documents to collect:
- Original receipts and invoices. Receipts from hardware stores, suppliers, contractors, plumbers, electricians, and other vendors. Invoices should show the work or materials provided, the date, and the amount due.
- Canceled checks and bank statement entries. Copies of the front and back of canceled checks (or bank-cleared images) showing payee, date, and amount. Bank statements that show the withdrawal or check clearance can corroborate payment.
- Credit-card statements plus receipts. Highlight the charge on the statement and attach the vendor receipt or invoice that matches the charge.
- Paid contractor documents. Signed contracts, change orders, lien waivers (partial or final), contractor releases, and proof of final payment.
- Permits and inspection reports. Building permits, inspection certificates, or municipal records that support the necessity or scope of work done.
- Before-and-after photos and estimates. Photos dated or with metadata, and initial written estimates that match the performed work.
- Insurance and adjuster records. Claim filings, settlement checks, and correspondence showing insurance payments and how they were applied.
- Appraisals and repair cost summaries. A professional appraisal or a contractor’s written summary showing how repairs or improvements affected value.
- Correspondence and work logs. Emails, text messages, or written notes about authorization to do the work, scheduling, or agreements among co-owners.
- Tax and escrow records. Property tax receipts, homeowner association invoices, mortgage escrow disbursements, or bank escrow statements used to pay property-related expenses.
How to present and authenticate documents in court:
- Match receipts to payments. For each expense, show (a) an invoice/receipt that describes the work, (b) a payment record (canceled check, bank statement entry, or credit-card posting), and (c) any supporting documents such as a contractor’s lien waiver.
- Use a clear ledger or exhibit list. Prepare a spreadsheet or exhibit book that lists date, vendor, service, invoice number, payment method, and exhibit number. Courts respond well to a single organized accounting rather than loose piles of paper.
- Authenticate business records. Many documents (bank statements, contractor invoices) are admissible as business records if a custodian or an affidavit can verify them. Plan to obtain such verification if the other side contests authenticity.
- Get certified or bank-stamped copies when possible. Banks will often provide stamped statements or images of cleared checks; certified copies reduce hearsay objections compared to a simple photocopy.
- Have witnesses ready. The person who paid, the contractor, or a bank employee may need to testify about the payment and the document’s authenticity.
- Prepare for discovery and subpoenas. If a co-owner won’t cooperate, you can seek the documents through discovery or a subpoena duces tecum (court subpoena for documents).
What courts usually credit and what they do not
- Reimbursable expenses: Necessary repairs, taxes, insurance, utilities, and other ordinary charges for preserving the property are commonly reimbursed or credited in the partition accounting if you can prove payment and that the expense benefited the co-ownership.
- Improvements vs. repairs: Major improvements that increase value (an addition, new kitchen) may not be reimbursed dollar-for-dollar. The usual remedy is an accounting: either the improver receives a credit against the sale proceeds or an adjustment reflecting the increase in value attributable to the improvement.
- Unapproved or personal expenses: If one co-owner made alterations without notice or consent and they were not necessary, a court may deny reimbursement or offset the cost against that owner’s share.
Helpful Hints
- Start collecting documents now. Originals carry more weight than copies.
- Organize by date and type. Use a simple spreadsheet that ties every receipt to a bank/credit-card payment and labels each entry as “repair,” “maintenance,” “improvement,” “tax,” etc.
- Get contractor lien waivers whenever you pay a contractor. Lien waivers protect later buyers and clarify that payment occurred.
- Ask your bank for images of cleared checks and certified statements to prove payments cleared the account.
- For digital receipts, save email threads, PDF invoices, and screenshots with timestamps and back up to multiple locations.
- If a co-owner disputes authenticity, be ready to produce the person who paid, the vendor, or a bank custodian to testify or provide affidavits.
- Keep copies of permits and inspection approvals to show work complied with local rules; unpermitted work may reduce or eliminate a reimbursement claim.
- Consider hiring a forensic accountant or appraiser for large disputes or complex improvement credit claims; a neutral report can help the court allocate value fairly.
- Use discovery early. If the other owner controls the records, send written requests and, if necessary, file motions to compel production.
- Consult a Louisiana attorney experienced in partition and property accounting. Local practice and judge preferences affect how courts treat credits and proofs.
Bottom line: Build a clear, documentary chain from invoice to payment to benefit. The stronger your documentation (original receipts, canceled checks or certified bank records, contracts, lien waivers, permits, and photos), the more likely a Louisiana court will credit your claimed expenses in a partition accounting or distribution.