Short answer
Yes — under Virginia practice you can require a co-owner to produce mortgage statements and repair receipts before you finalize a division of sale proceeds. If the co-owner refuses, you can ask a court (in a partition or accounting action) to compel production and to withhold or adjust distributions until the court reviews the records and applies credits or reimbursements. The court can order an equitable accounting so that mortgage payments, repairs, taxes, and other expenses are fairly allocated before the net proceeds are split.
Detailed answer: how this works in Virginia
Who gets what when a co-owned property is sold depends on liens, ownership shares, and any payments made by one co-owner for mortgage, taxes, insurance, or repairs. In Virginia the standard remedy to divide a jointly owned property when owners disagree is a partition action. A partition court can sell the property and distribute the proceeds, but before distribution the court will address any liens (for example, a mortgage) and equitable claims for contribution or reimbursement.
Mortgage liens and order of payoff
Mortgage liens recorded against the property have priority and must be paid out of the sale proceeds before a co-owner receives a share of the remainder. That means the lender’s payoff figure (from the mortgage statement or payoff letter) governs how much must first be satisfied from sale proceeds. If one co-owner has been making mortgage payments, that co-owner may seek a credit or reimbursement for those payments, but the underlying mortgage lien still must be paid to the lender first.
Credits for mortgage payments, taxes, insurance, and repairs
If a co-owner paid mortgage payments, taxes, insurance, or paid for repairs, that co-owner can ask for reimbursement or a credit before proceeds are divided. To receive a credit the paying co-owner must show evidence of the payments — mortgage statements or payoff letters, canceled checks, bank statements, invoices, receipts, contractor agreements, or similar proof. Without proof, a court is unlikely to allow full credit.
Compelling documents in court
If a co-owner refuses to provide mortgage statements or repair receipts, you can file a partition action or an accounting action in circuit court. In that action you can use discovery (requests for production, interrogatories, depositions, and subpoenas) to require the other party to produce the documents. The court can sanction refusals, strike claims or defenses, or draw adverse inferences if a party unjustifiably withholds evidence. Look to Virginia’s partition process for the court’s power to order sale and distribution in an equitable manner: see Va. Code § 8.01-126 for partition by sale and distribution principles.
Practical outcomes a Virginia court may order
- Order production of mortgage payoffs and receipts and delay distribution until accounting is complete.
- Require the lender payoff be satisfied from sale proceeds, then adjust owners’ shares for valid reimbursements (with proof).
- If a co-owner paid the mortgage but wasn’t on the loan, the court may order contribution or restitution depending on fairness and proof.
- If a co-owner refuses to produce records, the court can impose evidentiary or monetary sanctions, or disallow claimed credits lacking documentation.
When a written agreement controls
If the co-owners have a written agreement (partnership agreement, co-ownership agreement, or buy-sell agreement) that specifies how payments and repairs are handled, the court will generally follow the contract. If there is no agreement, the court applies equitable principles to divide costs and proceeds fairly.
When you may not get full recovery
Even with good records, courts balance fairness. For example, if a co-owner paid for nonessential upgrades that benefitted only their use, the court may limit reimbursement. Also, documented payments made for mortgage on a joint debt may reduce the paying co-owner’s claim if the mortgage lender’s contract allocates obligations differently.
What you can do now — step-by-step
- Send a written, dated demand to the co-owner listing the documents you need: mortgage statements/payoff letters, cancelled checks, bank statements showing the payments, invoices and paid receipts for repairs, tax and insurance payment proof, and any agreements about payment or repairs.
- Preserve any records you already have. Make copies of all receipts, communications, and listing/sale documents.
- If the co-owner still refuses, consult a Virginia real estate or civil litigator about filing a partition and accounting action in circuit court. Ask the attorney to include discovery requests and a motion to hold sale proceeds in escrow pending the accounting.
- In litigation, use subpoenas and requests for production to get mortgage-company payoff letters and the co-owner’s payment records. If the co-owner resists, the court can compel compliance.
- If litigation looks expensive relative to the likely recovery, consider mediation or a negotiated settlement that conditions distribution on production of documents or uses an escrow arrangement with a neutral accountant to document credits.
Helpful hints
- Request these specific documents: lender payoff letter, monthly mortgage statements showing payments, cancelled checks or bank statements that show payment, contractor invoices, paid receipts, photos of repairs, insurance and tax payment records.
- Keep copies and build a clear timeline of who paid what and when. Dates and payee information matter.
- Ask the court to hold sale proceeds in escrow until accounting and disputes over credits are resolved.
- Remember the lender is paid first. Credits among co-owners come from the leftover proceeds after liens and sale costs are satisfied.
- If you and the co-owner are both on the mortgage, both can be liable to the lender even if one paid more — you can still pursue contribution from the other owner through the partition/accounting process.
- Consider cost vs. benefit — sometimes a mediated split that accepts a small concession is cheaper than a long court fight.
- Preserve electronic evidence (texts, emails, bank PDFs). Don’t delete anything that relates to payments or repair agreements.
- Time matters. If you allow distribution to proceed without contest, it becomes harder to unwind later.
Where to get help
Talk to a Virginia attorney experienced in real estate litigation or partition actions. An attorney can evaluate the strength of any reimbursement claim, draft document requests, file a partition/accounting action if needed, and advise whether mediation is a good option.
Disclaimer
This information explains general Virginia practice and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Virginia attorney.