What Paperwork to Prove House Expenses in a Partition Case — New Hampshire Guide | New Hampshire Partition Actions | FastCounsel
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What Paperwork to Prove House Expenses in a Partition Case — New Hampshire Guide

What paperwork do I need to show receipts or bank statements for expenses on the house in a partition case?

State: New Hampshire

Not legal advice. This is general information to help you prepare to talk to a lawyer. For advice specific to your situation, consult a New Hampshire attorney.

Detailed answer — what documents the court will want and why

In a New Hampshire partition action (an action to divide or sell property shared by two or more cotenants), a court must determine each cotenant’s financial contributions, expenses, and any credits or reimbursements owed. To prove you paid for repairs, maintenance, or improvements to the property, gather clear, contemporaneous documentation that ties the expense to the property and proves payment. Courts rely on documentary evidence plus witness testimony or affidavits to establish facts.

Core categories of paperwork to collect

  • Original receipts and invoices — Itemized receipts showing the seller/contractor, date, items or services provided, price, and contact information. Invoices that describe labor and materials are especially important for improvements.
  • Contracts, work orders, change orders — Written contracts with contractors, subcontractors, or vendors that describe the agreed scope of work and price.
  • Cancelled checks and bank payment records — Copies or images of cancelled checks, bank statements showing the withdrawal, or online payment confirmations that match the invoice. These show payment (not just a charge).
  • Credit card statements and receipts — Card statements plus the itemized merchant receipt to show what was bought and that it was charged for the property expense.
  • Photographs and videos — Before-and-after photos of repairs or improvements dated or accompanied by contemporaneous notes to show condition and the work performed.
  • Permits and inspection records — Building permits, inspection approvals, or municipal records for major improvements — useful to establish that the work was substantial and properly authorized.
  • Proof of disposition for replaced items — Receipts for disposal or trade-in of old fixtures (if relevant) or evidence of replacement value.
  • Business records and accounting summaries — If you kept a ledger or bookkeeping entries showing payments for property expenses, have those records, and be prepared to lay foundation for their admission as business records.
  • Affidavits or testimony — Written statements from contractors, vendors, or the payer that confirm work completed, amounts paid, and dates.
  • Liens and lien releases — If contractors filed mechanic’s liens or later signed lien releases, those documents prove both that work occurred and that payment cleared the lien.

Why these documents matter in New Hampshire

Evidence of payment and of the nature of the expense helps the court decide whether an expense was a necessary repair, an improvement that increased value, or a personal expense not chargeable to the property. New Hampshire courts typically credit cotenants who pay for repairs or improvements, but the amount and nature of any credit depends on proof. Well-organized, contemporaneous records make it much more likely the court will accept and correctly value your claim.

How the documents get admitted in court

Documents must be authenticated and — if they would otherwise be hearsay — fall under an exception (for example, the business-records exception). You will normally submit originals when possible and may provide certified copies on request. Bank statements and invoices commonly get admitted when accompanied by testimony or affidavits establishing the records’ source and reliability.

Where New Hampshire law fits in

Partition actions and the resulting accounting between cotenants are governed by state law and court procedure. The New Hampshire statutes and court rules control the partition remedy, and the New Hampshire Rules of Evidence govern admissibility of documents. For text of New Hampshire statutes and rules, see the New Hampshire General Court and Judicial Branch resources:

Practical steps to prepare your paperwork

  1. Gather originals first. Originals are strongest evidence. If originals are unavailable, get certified copies or explain why an original is missing.
  2. Match receipts to proof of payment. For every invoice or receipt, attach the cancelled check, bank transaction, or credit card charge that shows you actually paid it.
  3. Group documents by project and date. Create a single timeline or spreadsheet that links each expenditure to the property improvement or repair it supports.
  4. Get contractor affidavits. When possible, obtain short signed statements from contractors describing the work done, dates, and amounts charged.
  5. Keep permits and municipal records together. They help show the work was structural or value-increasing rather than routine maintenance.
  6. Photograph work and retain communications. Emails, texts, and photos with timestamps help corroborate invoices and payments.
  7. Consider expert valuation for major improvements. If the dispute centers on increased value or appropriate depreciation, an appraiser or construction expert may help the court assess credit or offset values.

Common issues and how to address them

  • Missing receipts: Use bank records or contractor affidavits to show payment and describe the expense. Prepare a sworn declaration explaining why originals are missing and how the amounts were calculated.
  • Personal vs. property expense disputes: Show how the expense benefitted the property (photos, permits, or evidence that the item was permanently installed).
  • Payments by one cotenant for another’s benefit: If you paid on behalf of another cotenant, document the agreement or show evidence the other cotenant agreed to reimbursement. Otherwise, the court may treat the payment as a gift.
  • Non-typical payments (barter, cash): Provide corroborating evidence — contemporaneous notes, third-party testimony, text messages, or affidavits from vendors acknowledging receipt.

Helpful hints — quick checklist before filing or going to court

  • Organize documents into packets (by project and date) with a table of contents.
  • Label each receipt with the payment method, check number, or bank transaction ID.
  • Scan and keep digital backups of all originals in PDF format.
  • Prepare a one-page summary that lists total claimed expenditures, dates, and how each item benefited the property.
  • If you lack a receipt, obtain an affidavit from the vendor or a notarized declaration describing the transaction.
  • Keep communications with other cotenants about payments and agreements — these can show consent or lack thereof.
  • Be ready to subpoena bank records if the other party refuses to produce them; discuss subpoenas with a lawyer.
  • Talk to a New Hampshire attorney early if the total disputed amounts are significant or if liens or title issues are involved.

Final notes

Good documentation makes a big difference in partition cases. The clearer your paper trail — receipts, proof of payment, contracts, permits, photos, and corroborating affidavits — the more likely a New Hampshire court will credit your expenditures. This article explains common evidence and preparation steps but does not replace legal advice. For case-specific guidance and to learn how the New Hampshire statutes and court rules apply to your facts, consult a licensed New Hampshire attorney.

This information is educational only and is not legal advice.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.