Detailed Answer

In a North Dakota partition action, the court will want clear, reliable proof of any expenses you claim were paid on behalf of the property (mortgage payments, taxes, insurance, repairs, improvements, utilities, etc.). The goal is to show both that the expense was actually paid and that it benefitted the property or reduced a shared obligation. Organize your proof so the judge can easily see the date, payee, amount, method of payment, and how the expense related to the property.

What documents are most useful

• Original receipts and invoices from contractors, suppliers, or vendors showing work performed or goods supplied for the property.
• Cancelled checks or check images showing payee and endorsement (copies from your bank are fine).
• Bank statements showing the payment cleared your account. Highlight the specific line item(s).
• Credit-card statements plus the underlying merchant receipt or invoice tying the charge to the property.
• Signed contracts, change orders, and lien waivers for construction or major repairs.
• Mortgage payment histories or escrow statements showing payments applied to principal, interest, taxes, or insurance.
• Property tax receipts or tax bills showing amounts paid.
• Insurance premium invoices and proof of payment applied to the property policy.
• Utility bills paid that relate exclusively to the property (for upkeep or vacancy, for example).
• Photographs before and after substantial improvements, paired with invoices, to show the work completed.
• A ledger or summary spreadsheet that aggregates payments, shows dates, payees, amounts, and the document number for each supporting file.
• Affidavits (signed statements) from you or a custodian of records authenticating business records or explaining payments where the link to the property is not obvious.

How North Dakota law treats documents and proof

Partition actions in North Dakota proceed under the North Dakota Century Code and the state court rules. The court will apply normal North Dakota civil rules on evidence and authentication to determine whether documents are admissible. Business records kept in the ordinary course of business may qualify for the business-records exception to the hearsay rule when properly authenticated and supported by a custodian’s affidavit or testimony. See the North Dakota Rules of Evidence for the business-records rule and related authentication principles: North Dakota Rules of Evidence.

For partition-specific statutory guidance, review the North Dakota Century Code provisions on partition actions and remedies. Those statutes explain how courts divide or sell property and allow for credits or charges among co-owners based on contributions and improvements: North Dakota Century Code — partition statutes (searchable).

Authentication and presentation tips

• Attach a short affidavit or declaration to each group of records explaining what they are and how they were created. For bank records, an affidavit stating you are the account holder and the records are true copies is often sufficient; for business records, a custodian affidavit is preferable.
• Organize exhibits chronologically and give each document a clear exhibit number or letter. Provide the court and opposing parties with a one-page spreadsheet summary that references each exhibit by ID.
• Use certified or stamped bank statements when possible (many banks can produce a certified copy). If you cannot get certified copies, print online statements and keep the original electronic copies.
• When a payment went through a third party (for example, you paid a contractor who then paid a subcontractor), collect invoices and lien waivers to show how money flowed to the persons who performed work on the property.
• Redact sensitive unrelated information (Social Security numbers, unrelated account numbers) before producing documents, but keep full originals available for in-camera review if requested by the court.

Discovery and obtaining records from others

If an opposing co-owner has the records you need, use North Dakota civil discovery tools to request them. Serve requests for production (N.D. R. Civ. P. 34) for bank statements, invoices, contracts, and correspondence. If a third party (bank or contractor) refuses, you can serve a subpoena for documents. See North Dakota’s civil procedure rules for discovery and subpoena procedures: North Dakota Rules of Civil Procedure.

Common problems judges look for

• Missing linkage: Documents must connect the payment to the property. A grocery receipt or a personal credit-card charge that does not clearly show it paid for a property-related expense will usually be disallowed.
• Timing gaps: Sporadic or late-produced records raise credibility issues. Start collecting and organizing records early.
• No proof of benefit: For improvements, be prepared to show how the work enhanced value (photos, appraisals, contractor descriptions).
• Personal expenses: Courts will not credit ordinary living expenses unless they were required for property maintenance and can be documented.

Practical steps to prepare your paperwork

1. Collect originals and make high-quality copies. Keep originals safe.
2. Create a one-page summary that groups expenses by category (mortgage, taxes, insurance, repairs, improvements) and shows totals and exhibit references.
3. Obtain contractor lien waivers, receipts, and permits for work that changed the structure or value.
4. Get bank statements for accounts used to pay property expenses and highlight the relevant entries.
5. Prepare short affidavits to authenticate business records and to explain nonobvious payments.
6. Provide the organized set of exhibits to opposing parties in discovery and file them with the court as required by local rules.

When to consult an attorney

If co-owners dispute large credits, improvements, or the legitimacy of payments, an attorney can help with discovery, drafting affidavits, negotiating credits, and presenting the accounting in court. Partition law involves both property division and accounting principles; legal counsel reduces the risk of losing valid credits because of form or authentication problems.

Quick links: North Dakota Rules of Evidence — https://www.ndcourts.gov/rules/north-dakota-rules-evidence; North Dakota Rules of Civil Procedure — https://www.ndcourts.gov/rules/rules-of-civil-procedure; North Dakota Century Code (search statutes) — https://www.legis.nd.gov.

Disclaimer: This information is educational only and does not constitute legal advice. For advice specific to your case, consult a licensed North Dakota attorney.

Helpful Hints

• Start compiling records now — lost receipts are hard to replace.
• Keep a simple spreadsheet linking each payment to a specific receipt and exhibit ID.
• Ask your bank for certified statements if you need stronger proof of payments.
• Get signed lien waivers from contractors after payment to reduce disputes.
• When possible, pay contractors and vendors by check or bank transfer rather than cash to create a payment trail.
• Use sworn affidavits to authenticate business records when the original custodian is not available to testify.
• If co-owners agree, stipulate to authenticity of certain documents to avoid hearing disputes over form.