Detailed Answer
Simply making mortgage payments does not by itself grant you legal title or ownership interest in Wyoming real property. Under Wyoming law, a mortgage is a security interest in real property that secures repayment of a debt. See W.S. 34-31-101 et seq. Title or ownership transfers only by a valid deed, most commonly a warranty deed recorded under W.S. 34-1-103. Without a deed in your name, you hold no legal title, regardless of mortgage payments.
However, you may have an equitable interest under certain circumstances. Wyoming courts can impose a constructive or resulting trust when one party pays the mortgage principal or improves the property with the expectation of shared ownership. An express trust arises when parties agree in writing to confer a beneficial interest; see W.S. 4-10-603. A resulting trust may also apply if you contribute substantially to the purchase without receiving title.
If you believe you hold an equitable interest, you can file a quiet title action in district court. You will need to present evidence of payments, written agreements, bank records, and communications showing intent to share ownership. A qualified attorney can advise you on gathering evidence and navigating the legal process.
Helpful Hints
- Secure legal title by obtaining a signed and recorded deed.
- Retain all mortgage statements, payment receipts, and bank records.
- Put any co-ownership agreement in writing to establish an express trust.
- Explore constructive or resulting trust claims with an attorney if you lack formal title.
- Consider filing a quiet title action to resolve ownership disputes.
- Check recorded property documents at your county clerk’s office.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.