Short answer

You can ask a co-owner to produce mortgage statements and repair receipts before you divide net sale proceeds. Under South Carolina law, co-owners have rights to an accounting of contributions and expenses. If a co-owner refuses to provide records, you may seek an accounting or a partition action in court so a judge can decide credits or reimbursements before proceeds get divided.

Detailed answer — how this works in South Carolina

Who must account for payments and expenses?
Co-owners who pay a mortgage, taxes, insurance, or make repairs generally may be able to claim a credit for those payments when the property is sold or a partition occurs. South Carolina law recognizes equitable accounting among co-owners: courts can order that one owner who paid more be reimbursed or receive a larger share of proceeds. The exact result depends on the facts, proof of payments, and any written agreement between co-owners.

What kinds of documents prove payments and repairs?
The strongest proof includes mortgage statements, canceled checks, bank records, lender payoff letters, invoices, paid receipts, contractor contracts, and photos before-and-after major repairs. Written records make it much easier to obtain court-ordered credits or reimbursements.

What if the co-owner refuses to provide documents?
Start by requesting the records in writing. If the co-owner still refuses, you have options:

Bring an action for an accounting and partition in South Carolina circuit court. The court can require production of records, examine contributions, and then order equitable adjustments to the sale proceeds.
Ask the court to appoint a receiver or special auditor to gather financial records and compute credits and liabilities before distributing sale proceeds.
Use informal dispute resolution (mediation) to try to agree on what counts as reimbursable and how to apportion proceeds.

What will a court consider?
A South Carolina court will look at who paid what and whether the payments benefited the jointly owned property. Things courts commonly consider include:

Mortgage payments made to preserve title or avoid foreclosure.
Necessary repairs that preserved property value versus voluntary improvements that increased value.
Tax, insurance, and utility payments made by one co-owner on behalf of the property.
Any written agreement among co-owners allocating expenses or proceeds.

How does partition work in South Carolina?
If co-owners cannot agree, either owner may file a partition action in the circuit court. The court can partition in kind (divide physical property, if feasible) or order a sale and division of proceeds. Before distributing proceeds, the court can determine credits and liens (like a mortgage) and order an accounting so that each owner receives their fair share after adjustments. For general statutory information about civil actions and partition-related remedies in South Carolina, see the South Carolina Code, Title 15: Civil Remedies and Procedure: https://www.scstatehouse.gov/code/t15.php.

Practical outcomes you can expect
– If you have good documentary proof of mortgage payments or repair receipts, the court is more likely to give you a credit or larger share of sale proceeds.
– If you lack documentation, courts may deny reimbursement or award only partial credit based on testimony and other evidence.
– A written co-ownership agreement that spells out how to handle payments and reimbursements will usually control.

Recommended step-by-step approach

Request documents in writing: ask for mortgage statements, lender payoff figures, receipts, contracts, canceled checks, and bank statements showing payments.
Collect your own proof: copies of payments you made, photos, invoices, and any communication about repairs or mortgage arrangements.
Offer mediation: use a neutral mediator to try to reach an agreed accounting and distribution method.
If necessary, file for partition and an accounting in the circuit court. Ask the court to order production of records and to credit payments or allocate expenses before distributing proceeds.
Consider hiring an attorney experienced in South Carolina real property/partition law to prepare pleadings, present evidence, and request equitable relief.

When written agreements change the result

If co-owners signed a written agreement about expense sharing, sale, or accounting, that agreement generally governs. Courts enforce clear written co-ownership agreements, so always check any deed language, buy-sell agreement, or written co-owner contract first.

How to protect yourself now

Keep or request copies of every mortgage statement, payoff letter, and cancelled check.
Obtain and keep dated repair invoices and proof of payment.
Document communications with co-owners in writing (email or text) about payments and repairs.
Get a written co-ownership agreement if you plan to own property jointly going forward.

Helpful links

South Carolina Code — Title 15, Civil Remedies and Procedure (statutory background for civil actions and remedies): https://www.scstatehouse.gov/code/t15.php

Helpful hints

Always ask for documentation in writing and keep a dated copy of your request.
Distinguish “repairs” (maintain property) from “improvements” (increase value). Courts treat them differently when awarding credits.
Mortgage payments made to avoid foreclosure are commonly credited to the payor, but you still must prove the payments.
If the other owner claims reimbursement for repairs, ask for receipts, contractor licenses, and proof of payment to verify legitimacy.
Use mediation or negotiation first — it is usually faster and cheaper than a court case.
If you sue, be prepared to ask the court for production of documents, an accounting, and an order allocating proceeds before distribution.
Consult a South Carolina attorney if the amount in dispute is significant or if the other owner is uncooperative.

Disclaimer: This article explains general principles of South Carolina law and is for informational 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 South Carolina attorney.