Detailed answer

When people own real property together (tenants in common or joint tenants), each owner has a right to an accounting and an equitable distribution of costs and proceeds. If one co-owner insists on selling the property or already sold it and wants to divide net proceeds, the other co-owner may lawfully request documentation showing how the net figure was calculated. Typical records include mortgage statements, cancelled checks, bank statements showing mortgage and tax payments, repair and improvement receipts, and closing statements.

Two common paths exist to enforce that request:

1. Agreement and informal accounting — Ask in writing for specific documents, set a reasonable deadline, and propose an accounting format. If both sides agree, they can resolve credits and debits and divide proceeds accordingly. Keep written records of the demand and any responses.
2. Judicial enforcement (partition and accounting) — If informal requests fail, start a partition or accounting action in Wisconsin circuit court. Wisconsin’s partition statutes govern judicial sale and division procedures and allow the court to order an accounting and adjust distributions to reflect contributions, debts, and improvements. See Wisconsin’s partition statutes: https://docs.legis.wisconsin.gov/statutes/statutes/842. A partition action gives the court power to compel production of records through discovery and subpoenas to third parties (for example, mortgage servicers or contractors).

What the court can do in a partition/accounting case:

• Order production of documents and testimony through discovery tools — written requests, document subpoenas, depositions, and motions to compel.
• Credit a co-owner who made mortgage payments or paid property taxes that benefited the property, or charge co-owners who failed to contribute according to ownership shares.
• Allocate the cost of necessary repairs or improvements appropriately; reduce a co-owner’s share for waste or charge a co-owner who made value-adding improvements with appropriate adjustment or reimbursement.
• Order the property sold and distribute net proceeds after adjusting for contributions, liens, outstanding mortgages, costs of sale, taxes, and court-ordered credits or liens.

Important practical points:

• If the mortgage is in one co-owner’s name only, the other co-owner generally cannot force the lender to provide statements directly, but a court can require the mortgagor co-owner to produce those statements or the mortgage servicer’s records via subpoena in litigation.
• Receipts and invoices for repairs or improvements support claims for reimbursement or credit. Maintain contemporaneous documentation and proof of payment (checks, bank transfers, credit-card slips).
• Timeliness matters. If a co-owner waits years before asking for an accounting, statutes of limitation or laches can affect remedies. Preserve communications and records from the date expenses were incurred.
• Credit for payments is not automatic. The court evaluates whether payments were necessary, whether they benefited the property, and whether they were made with the expectation of reimbursement.

How to proceed step-by-step

1. Send a clear, written demand listing the exact documents you want (mortgage statements, cancelled checks, proof of payment for taxes, contractor invoices, receipts for repairs, closing statements) and give a reasonable deadline (for example, 14–30 days).
2. Keep all copies and records of correspondence. If the co-owner provides partial records, note what’s missing and follow up promptly.
3. If the co-owner refuses or stalls, consult a Wisconsin attorney about filing a partition action or an accounting claim. The court process will allow formal discovery and subpoenas to third parties.
4. Use discovery to obtain third-party records where necessary (mortgage servicer, contractor, bank). Courts can compel those records in litigation even if the co-owner declines to turn them over voluntarily.
5. Bring organized evidence of your own payments and expenses: bank statements, cancelled checks, receipts, before-and-after photos for repairs, and any written agreements between co-owners about contributions or expenses.
6. Consider settlement or mediation before trial. Judges often approve settlements that allocate credits and distribute proceeds without prolonged litigation.

Relevant Wisconsin law

Partition actions and the court’s power to order sale and distribution are governed by Wisconsin statutes on partition. See the Wisconsin Legislature’s chapter on partition for statutory procedure and relief: https://docs.legis.wisconsin.gov/statutes/statutes/842. The statutes and Wisconsin case law explain how courts handle credits, liens, and accounting in partition and related actions.

Because courts rely on evidentiary rules and equitable principles when resolving disputes among co-owners, the rules for discovery, subpoenas, and accounting are important; a local attorney can explain how they apply in your situation.

Helpful Hints

• Start with a written demand that lists specific documents and deadlines; include the reason you need those records (to create an accurate accounting of sale proceeds).
• Preserve your own payment evidence: bank records, cancelled checks, credit-card statements, contractor invoices, and photos.
• Ask for a detailed settlement statement from the closing agent showing the calculation of net sale proceeds and who was credited for mortgage payoff, prorated taxes, and repair costs.
• If the mortgage is in one owner’s name, you can still request proof of payments and statements; a court can compel production if needed.
• Use mediation to resolve disputes quickly and cheaply; courts often require a clear accounting before dividing proceeds when parties disagree.
• Consider a narrow initial court filing (e.g., motion for accounting or limited discovery) if you only seek records and a temporary accounting rather than a full partition immediately.
• Keep communications civil and documented. Uncooperative conduct often strengthens the case for court-ordered discovery and may affect costs awards.
• Act promptly to preserve claims for reimbursement or contribution; delay can complicate recovery.