Do co-owners have to produce mortgage statements and repair receipts before sale proceeds are divided?

Short answer: Under Wyoming law you can and should demand documentation (mortgage statements, repair invoices, receipts) before proceeds are divided. If the co-owner refuses, you can request an accounting and credits in a partition action or enforce document production through the courts. Courts commonly adjust each owner’s share to reflect mortgage payments, liens, and necessary repairs paid by one co-owner.

Detailed answer — what you need to know under Wyoming law

This answer assumes two or more people own real property together (joint tenants, tenants in common, or similar). The rules below explain what you can request, how disputes are resolved, and practical steps.

1. Why documentation matters

When co-owners sell real property or divide sale proceeds, the basic principle is fairness: each owner should receive a share that reflects their legal and equitable contributions. Mortgage payments, property taxes, insurance, and repair costs paid by one co-owner can change the net amount each owner should receive. Documentation (mortgage statements, canceled checks, contractor invoices, receipts, bank records) proves who paid what and whether a credit or lien applies.

2. Voluntary sale vs. partition lawsuit

Voluntary sale: If owners agree to sell, the owners can contractually require exchange of documentation and an accounting before distribution. Have any agreement in writing and state what records are required, the deadline for producing them, and the consequences of nonproduction.

Partition action: If a co-owner refuses to cooperate, Wyoming law allows a co-owner to file a partition action (court-ordered division or sale). In a partition action, the court can order an accounting and require production of documents. The court can then distribute proceeds after allowing credits or debits for mortgage payments, repairs, taxes, insurance, or other expenditures made for the property.

3. What courts typically allow as credits or setoffs

Mortgage payments made by one owner on a loan for the property — the paying owner usually gets credit for principal and sometimes for interest and late fees, depending on the circumstances and proof.
Payments of property taxes and insurance that benefited the property — typically those payments reduce the payer’s fair share unless the payer was already compensated in another way.
Necessary and reasonable repairs or improvements — courts distinguish between repairs (maintaining value) and improvements (increasing value). Reasonable repairs to preserve the property are commonly allowed as credits; capital improvements might entitle a lien or an increased share on sale, depending on proof.
Unpaid mortgages or liens — these reduce net sale proceeds and must be paid from sale proceeds before distribution.

4. How to request documents and what to include

Make a written request listing the documents you want and give a reasonable deadline (commonly 10–30 days). Typical items:

Monthly mortgage statements (showing balances and payment history)
Canceled checks or bank statements showing mortgage, tax, or insurance payments
Invoices and paid receipts for repairs, maintenance, and improvements
Receipts for property taxes and insurance premiums
Any written agreements between co-owners about who pays what

5. If a co-owner refuses

Send a formal written demand (certified mail/email with read receipt). Keep copies.
If they still refuse, file a partition action in Wyoming district court. In that action you can ask the court for: (a) an order compelling production of records, and (b) an accounting and adjustment of shares before distribution.
The court can sanction a party who hides documents or order an adverse inference, additional fees, or other remedies.

6. Evidence and proof the court wants

Courts favor contemporaneous records. Examples of persuasive evidence:

Mortgage statements showing payment amounts and dates
Bank statements or canceled checks that match mortgage or repair payments
Paid contractor invoices that name the property and the work performed
Receipts and contracts showing agreed-upon work and cost
Communications between co-owners about payments or repairs (emails, texts)

7. Hypothetical example

Two siblings own a home as tenants in common. One sibling (A) paid the mortgage and replaced the roof during the year. The other sibling (B) did not pay. A demands mortgage statements and paid invoices. B refuses. A files a partition action and asks for an accounting. A produces mortgage statements and receipts showing A paid $8,000 in mortgage and $6,000 for the roof. The court orders an accounting and gives A credit for the mortgage payments and either a lien or an adjusted share for the roof expense, reducing B’s share of the net proceeds.

8. Practical steps to protect your position

Immediately ask for documents in writing and set a clear deadline.
Preserve all your proof of payment: bank statements, canceled checks, invoices, correspondence.
Do not throw away receipts or emails.
If you paid for repairs, get sworn affidavits, before/after photos, and contractor license info when possible.
If you suspect a co-owner took money improperly, consult an attorney promptly to evaluate filing a partition or seeking injunctive relief.

9. Costs and timing

Partition actions take time and involve court fees, service costs, and often attorney fees. Many disputes settle once discovery begins and each side sees the other’s records. If you prefer to avoid litigation, proposing a mediated settlement where both sides exchange records and agree on credits can be faster and cheaper.

10. Where to find Wyoming statutes and forms

Wyoming codified statutes and legislative materials are available at the Wyoming Legislature website: https://wyoleg.gov/. For Wyoming court forms and general self-help information, visit the Wyoming Judicial Branch: https://www.courts.state.wy.us/. If you plan to file a partition action, the district court clerk’s office in the county where the property sits can provide local filing requirements and forms.

Helpful Hints

Put every request in writing and keep proof of delivery (certified mail or email receipts).
Gather contemporaneous proof — bank records and canceled checks beat later testimony.
Get estimates and contracts in writing before doing major repairs; note whether work is repair or improvement.
Consider mediation before filing suit. Mediation can force an exchange of documents and often yields faster settlements.
If one owner is making mortgage payments to protect credit, ask for signed acknowledgment of the arrangement and specify how credits will be handled on sale.
Act quickly. Delayed claims become harder to prove; statutes of limitations can bar some monetary claims.
Even if the property’s title lists equal ownership, equitable credits can change net distribution — document everything.

Disclaimer: This article explains general principles of Wyoming property law and common court practice. It is educational only and not legal advice. For advice about your specific situation, consult a licensed Wyoming attorney who can review the facts and files for your case.