Detailed Answer

Under Oregon law, owning real property depends primarily on who holds legal title, not who makes mortgage payments. If your name does not appear on the deed, simply paying the mortgage does not automatically grant you ownership. However, in certain situations, Oregon courts may recognize an equitable interest based on your contributions and the parties’ intent.

Legal Title vs. Equitable Interest

Legal title refers to the name(s) listed on the recorded deed. Only legal titleholders can sell, transfer, or mortgage property without additional agreements. Equitable interest arises when someone contributes funds or labor with the expectation of acquiring an ownership stake, even if their name is not on the deed.

Resulting Trusts and Constructive Trusts

Oregon courts may impose a resulting trust or constructive trust if you can show you paid toward purchase or mortgage with a mutual understanding that you would share in ownership. You must prove:

• Financial contribution to purchase price or mortgage.
• An agreement or understanding, express or implied, to share title.
• Unjust enrichment would result if no interest is recognized.

Married vs. Unmarried Situations

If you are married, Oregon treats property acquired during marriage as marital property under ORS 107.105. Mortgage payments by either spouse strengthen marital claims. Upon divorce, courts divide marital property equitably regardless of whose name is on title.

For unmarried cohabitants, Oregon does not recognize common-law marriage (ORS 106.100). Without a written agreement, each party’s rights depend on contract principles and equitable remedies.

Clarifying Interests and Enforcement

To formalize or dispute ownership interests, you may file:

• A quiet title action under ORS 93.540 to settle conflicting claims and clear the title.
• A partition action under ORS 105.105 if co-owners cannot agree on the use or division of property.

Next Steps

1. Review all written agreements or communications about ownership expectations.
2. Gather proof of your financial contributions (mortgage statements, bank records).
3. Consult a qualified real estate attorney to assess your ability to claim an equitable interest or enforce agreements.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.

Helpful Hints

• Always get a signed agreement when contributing to property you do not own.
• Keep clear records of all mortgage payments and improvements.
• Consider adding your name to the deed if ownership is intended.
• Understand the difference between legal title (deed) and equitable interest (court-recognized stake).
• Act promptly—statutes of limitations may bar claims over time.