Detailed Answer
In Utah, ownership of real property is determined by the deed recorded with the county, not solely by who pays the mortgage. If your name is not on the deed, you generally do not hold legal title, even if you make mortgage payments. Utah courts examine written agreements and the parties’ intent to determine ownership rights.
Statute of Frauds: Under Utah Code §25-5-1 (Statute of Frauds), any contract that conveys an interest in real estate must be in writing and signed by the party to be charged. Without a written agreement granting you an ownership interest, a court may find you intended to gift your mortgage contributions.
Resulting and Constructive Trusts: If you contributed to the purchase price or mortgage payments under an agreement that you would receive an interest, you may seek an equitable remedy. Utah Code §78B-3-501 (Resulting Trusts) allows courts to impose a trust when one party holds title but another paid part of the price based on their agreement.
Unjust Enrichment: In some cases, you might claim unjust enrichment if you paid toward a property that unfairly benefited the legal title holder. However, such claims require proof that the other party was enriched at your expense and that it would be unjust for them to keep that benefit.
Recording Your Interest: Even with a written agreement, record any co-ownership or trust interest with the county recorder under Utah Code §57-3-1 (Recording of Instruments). Recording protects your interest from third parties.
Helpful Hints
- Ensure your name is on the deed before making payments.
- Get a written co-ownership or loan agreement signed by all parties.
- Keep detailed records of all mortgage and purchase-related payments.
- Record any interest with the county recorder to protect your rights.
- Consult an attorney early to draft proper documents and avoid disputes.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.