Detailed answer — what Tennessee law lets you do and how it works

When two or more people own real property together, each co‑owner has certain rights and obligations. If the property is sold or is to be partitioned, Tennessee law and equitable principles allow courts to sort out who paid what and to give credits or make adjustments so distribution is fair. The usual legal routes are a cooperative settlement, mediation, or filing a partition or equitable accounting action with the court.

1. Your right to request documentation

You can and should request copies of mortgage statements, cancelled checks or bank records showing mortgage payments, invoices and receipts for repairs and improvements, contractor contracts, insurance and tax payment records, and any other records that show who paid what on behalf of the property. A clear, written request (sent by certified mail or email with read receipt) creates a record if the matter later goes to court.

2. If the co‑owner refuses to provide records

If a co‑owner refuses to provide documents, you have remedies:

• Seek voluntary cooperation (mediation or a neutral accountant).
• File a partition action (or a suit for an accounting) in the appropriate Tennessee court and ask the judge to order production of records, to appoint a receiver, or to order an accounting. Tennessee’s partition statutes and court procedures let a judge determine how sale proceeds should be divided and allow offsets for mortgage payments, taxes, insurance, and necessary repairs when supported by evidence (see Tennessee partition statutes: Title 29, Chapter 27).
• Use subpoenas or discovery to compel third‑party records (bank or mortgage servicer records) if needed once litigation starts.

3. What the court will consider

When you ask the court to divide sale proceeds, the judge will look for evidence of who paid:

• Mortgage principal and interest payments (payments that kept the loan current).
• Property taxes, insurance, and homeowner association dues.
• Reasonable and necessary repairs and maintenance (not cosmetic improvements unless agreed or proven to add value).
• Capital improvements that increased value — courts may treat these differently from routine repairs.

Credit is typically given for documented outlays. Without receipts or bank records, a party’s oral claims are harder to prove and often get less weight. Courts may appoint an auditor or order discovery to establish the amounts if records are missing or disputed.

4. Can you withhold the co‑owner’s share of proceeds until they produce records?

You should not unilaterally withhold proceeds. If you independently sell a property or otherwise distribute funds without a court order, you risk liability for refusing to follow legal process. The proper, safe route is to:

1. Request documentation in writing.
2. If refused, demand mediation or file a partition/accounting action and ask the court for a temporary order or to withhold distribution pending a final accounting.
3. Ask the court to allocate proceeds or to set aside reserves for contested amounts.

5. Practical evidence and proof

Courts want objective proof. Useful items include:

• Mortgage statements and payoff statements from the servicer.
• Cancelled checks, bank statements, or electronic payment records showing payments.
• Invoices, receipts, contractor agreements, and paid‑invoices for repairs or improvements.
• Photographs before/after repairs, building permits, and appraisal or repair estimates.

6. Where to find the governing law

Partition procedures and the court’s authority to order sales and distribute proceeds are in Tennessee law; see Title 29, Chapter 27 (Partition) for statutory guidance and procedure. A good starting point is the Tennessee Code online: Tenn. Code Ann., Title 29, Ch. 27 (Partition). The court’s equitable powers to order accountings and allocate credits are applied by Tennessee trial courts in partition and equity cases.

7. Quick hypothetical example

Suppose you and a co‑owner jointly own a house. Your co‑owner paid the mortgage and arranged repairs that cost $8,000, but produced no receipts. You ask for mortgage statements and receipts before distributing sale proceeds. They refuse. You file a partition action and ask the court for an accounting. The court orders discovery; the bank produces mortgage payment history, and the contractor provides invoices showing $7,500 in repair costs. The court gives the paying co‑owner credit for the documented mortgage and repair amounts; the final sale proceeds are adjusted accordingly.

8. Steps to take now

1. Send a written request for mortgage statements and repair receipts (certified mail or email with delivery receipt).
2. Preserve your own records: bank statements, communications, photos, and any receipts you have.
3. Consider mediation if the co‑owner responds but disputes amounts.
4. If there is no cooperation, consult a Tennessee real estate attorney about filing a partition or accounting action and using discovery/subpoenas to secure records.

Helpful Hints

• Put all requests in writing and keep copies. A paper trail helps in court.
• Ask for specific documents: lender statements (date range), cancelled checks, bank statements, contractor invoices, receipts, permits, and insurance/tax records.
• Set a reasonable deadline (e.g., 10–14 days) in your request to encourage timely cooperation.
• Use mediation before litigation—courts often expect parties to try to settle disputes first.
• If litigation is needed, discovery and subpoenas can obtain third‑party records from banks or mortgage servicers when an owner refuses to provide them.
• If a co‑owner made improvements, get appraisals or contractor testimony to show value added; routine repairs and capital improvements can be treated differently.
• Don’t act unilaterally with sale proceeds—ask the court for a holding order or reserve instead of withholding funds yourself.
• Talk with a Tennessee real‑estate attorney early to draft requests, start mediation, or file a partition/accounting petition properly.