Do Mortgage Payments Give You Ownership Interest in Washington Property?

Detailed Answer

In Washington, paying the mortgage alone does not grant you a legal ownership interest in real property. Ownership arises when a valid deed transfers title. Under RCW 64.04.010, all agreements for the transfer of real estate must be in writing and signed by the party conveying the interest.

Making mortgage payments creates, at best, a debtor–creditor relationship with the titled owner. To obtain a legal interest, you must be named on the deed or documented in a separate written agreement to convey an ownership stake. Recording that deed with the county auditor is essential to provide constructive notice to third parties, per RCW 64.04.020. Without a recorded deed or lien, you lack enforceable property rights.

In limited circumstances, Washington courts recognize an equitable remedy such as a resulting trust. If you contribute substantially to the purchase price or mortgage with a clear expectation of ownership, you may petition the court to impose a trust in your favor. For example, in Lind v. Lind, 41 Wn.2d 731 (1952), the court held that payments toward purchase could create a resulting trust when the titleholder holds property for the contributor. To pursue this, you need compelling evidence of both the contributions and the agreement.

Helpful Hints

• Obtain a written deed: Confirm your ownership interest by ensuring the deed names you and is recorded.
• Track payments: Keep all mortgage statements, canceled checks, and bank records as proof of contribution.
• Agree in advance: Use a written contract if you and another person intend to share ownership.
• Understand joint tenancy: Adding someone as a joint tenant or tenant in common clarifies each party’s share.
• Seek advice early: Consulting an attorney can help you protect your interest before conflicts arise.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in Washington for guidance on your specific situation.