Do I Get Any Ownership Interest in West Virginia Real Property if I Pay the Mortgage?

Detailed Answer

Short answer: Simply paying the mortgage does not automatically give you an ownership interest in the property. Under West Virginia law, ownership (legal title) depends on whose name appears on the deed. A mortgage is a loan secured by the property; it does not transfer title. Unless you are named on the deed or a court has imposed an equitable interest (for example, via a resulting or constructive trust), you generally do not hold any legal or equitable ownership rights merely by making payments.

1. Distinguishing Title from Debt

In West Virginia, the deed determines legal ownership. See W.Va. Code § 38-3-1 (Conveyances must be by deed recorded in county clerk’s office): wvlegislature.gov/WVCode/Chapter38/Article3. A mortgage creates a security interest in the real estate but does not convey title.

2. Equitable Interests: When Payments Can Matter

• Resulting Trust: If you advance funds to purchase the property and the title is taken in someone else’s name, a court may impose a resulting trust in your favor. You must prove your financial contribution and intent that you would have an ownership interest.
• Constructive Trust or Equitable Lien: If payment was based on a promise or agreement (written or oral) that you would gain an interest, and the other party fails to honor that promise, a court may impose an equitable lien or trust to prevent unjust enrichment.

West Virginia has recognized these doctrines in cases such as Berry v. Berry (198 W.Va. 169, 480 S.E.2d 620 (1996)). You would need to file suit in circuit court and present clear evidence of your agreement and contributions.

3. Joint Tenancy or Tenancy in Common

If you and another person acquire property together and both names appear on the deed as joint tenants or tenants in common, then paying the mortgage can solidify your co-ownership. However, simply making payments without being on the deed does not convert you into a co-owner.

4. Practical Steps

1. Review the deed in the county clerk’s office to confirm who holds legal title.
2. Gather evidence of your payments—bank statements, canceled checks, loan statements.
3. Consult an attorney to discuss whether a resulting or constructive trust action makes sense based on your facts.

Disclaimer: This article provides general information about West Virginia law and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.

Helpful Hints

• Check the deed first: Who is listed as the property owner?
• Document every mortgage payment with proof of payment.
• Look for any written or email agreements about ownership interest.
• Understand that mortgage payments reduce loan balance, not ownership.
• Consider a title search to uncover past conveyance issues.
• If in doubt, schedule a consultation with a West Virginia real estate attorney.