Louisiana: Requiring a Co-Owner to Produce Mortgage Statements and Repair Receipts Before Dividing Sale Proceeds | Louisiana Partition Actions

Detailed Answer

Short answer: Yes — under Louisiana law you can demand documentation (mortgage statements, paid invoices, cancelled checks, contractor receipts) and the court that divides sale proceeds can require an accounting and adjust each co-owner’s share based on payments or necessary expenses. You cannot, however, permanently block a sale just by withholding documents; instead, you can ask the co-owner or the court to produce records and to give credits or reimbursements when the property is partitioned or the sale proceeds are divided.

How this works in Louisiana

Louisiana treats shared ownership as indivision (co-ownership). Co-owners generally have an equal right to possess and to seek partition or sale of the property. When the property is sold or partitioned, the court or the parties must account for contributions, necessary expenses, and improvements so each owner receives the fair share of proceeds.

Practical consequences:

If one co-owner paid mortgage payments, taxes, insurance, or made repairs, that co-owner can seek reimbursement or a credit when the property is divided.
If a co-owner claims expenses, they should document them with mortgage statements, receipts, cancelled checks, invoices, or bank records. Those documents support a claim for reimbursement or an adjustment in the division of proceeds.
If a co-owner refuses to provide records voluntarily, you can request an accounting or file a partition action and ask the court to order production of records. The court can then evaluate each party’s contributions and allocate the sale proceeds accordingly.

What the court will consider

When evaluating claims about mortgage payments and repairs, courts typically look for these elements:

Proof that payments were actually made (bank statements, cancelled checks, mortgage company statements).
Proof that repairs were necessary or beneficial (invoices, before-and-after photos, contractor testimony).
Whether the payments were for the common good of the property (mortgage, taxes, insurance) versus personal benefit (nonessential improvements that increase value may be treated differently than routine repairs).
Any written agreements between the co-owners about sharing expenses or making repairs.

Possible legal claims and remedies

Accounting: You can ask the court to compel a full accounting of payments and expenses related to the property. The court can order production of bank records, mortgage statements, and receipts to resolve disputes.
Credit or reimbursement: The paying co-owner may receive reimbursement or a credit against sale proceeds for payments that benefitted the property.
Subrogation or lien claims: In limited circumstances, payments that preserved a mortgage or prevented foreclosure can give rise to equitable rights (e.g., subrogation or privilege), but these depend on the facts and any prior agreements. Courts analyze whether the payment preserved the property and the paying party’s intent.
Partition and sale: In a partition action, the judge can order sale and then distribute net proceeds after accounting for valid credits, liens, and reimbursements.

Useful statutory reference

Louisiana’s rules about indivision (co-ownership) and partition are governed by the Civil Code and by the Code of Civil Procedure provisions for partition actions. For an overview of the relevant Louisiana statutes, see the Louisiana Legislature website pages for the Civil Code (indivision/co-ownership provisions) and the Code of Civil Procedure (partition actions):

(These links point to the Louisiana Legislature’s searchable statutes. A local attorney can point you to the exact articles and cases that apply to your situation.)

Hypothetical illustration

Two siblings own a house as co-owners. One sibling pays the mortgage for two years and pays $6,000 for a new roof. The other sibling refuses to provide mortgage statements or receipts when the property is later sold. In this situation you can:

Ask the paying sibling for documentation (mortgage company statements, cancelled checks, receipts for the roof).
If the other sibling refuses to cooperate, file a petition for partition and ask the court to order an accounting and production of documents.
The court will review records. If the paying sibling proves mortgage payments and a necessary roof repair, the court can award that sibling a credit or reimbursement from sale proceeds before dividing the remainder.

Practical timeline and next steps

1) Send a written demand for documents and set a reasonable deadline.

2) If the co-owner refuses, file for an accounting or petition for partition in the appropriate district court. Ask the court for discovery (subpoenas, production orders) to obtain mortgage statements and receipts directly from institutions.

3) If the co-owner did pay expenses that preserved the property, present supporting evidence so the court can award credits or reimbursement.

What you cannot usually do

You cannot permanently withhold sale proceeds from a co-owner without a court order.
You cannot unilaterally enforce a lien or take possession without following Louisiana’s legal procedures unless a valid, recorded mortgage or privilege already exists.

Helpful Hints

Document everything: save mortgage statements, cancelled checks, bank transfers, paid invoices, and contractor agreements. These are your best evidence.
Make written requests: send a clear written demand for records and keep copies (email or certified mail). Courts note good-faith efforts to resolve disputes.
Use discovery: if you must sue for partition or accounting, ask the court to order production of business records or to subpoena the mortgage company.
Ask for credits, not penalties: phrase claims as reimbursement or credit against proceeds; courts are most receptive to reasonable, documented expenses that preserved or increased property value.
Keep receipts for necessary repairs: routine, necessary repairs are more likely to be reimbursed than cosmetic upgrades that primarily benefit one owner.
Talk to a Louisiana attorney early: an attorney can identify the exact Civil Code and Code of Civil Procedure articles that apply, draft demands, and file the correct court papers for partition or accounting.
Act promptly: delays can harm your ability to collect or prove payments, and statutes of limitations may affect certain claims.

Disclaimer

This article explains general principles under Louisiana law and is for educational purposes only. It does not provide legal advice and does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Louisiana attorney who can review the facts and applicable statutes.