Disclaimer: This blog post is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Colorado, making mortgage payments on a property does not by itself give you an ownership interest. Under Colorado law, ownership of real property transfers only through a properly executed and recorded deed (C.R.S. §38-13-101). If your name does not appear on the deed, the county clerk’s records will not list you as an owner.
Equitable Remedies Are Limited
Although you cannot force a title transfer by paying the mortgage, you might pursue an equitable accounting if you loaned money or made payments under an agreement. Colorado’s partition statutes permit co-owners to seek an accounting of contributions toward mortgage, taxes, and improvements (C.R.S. §38-41-901). But you must first establish a co-ownership or other contractual relationship.
Resulting Trust and Unjust Enrichment
In rare cases, Colorado courts recognize a resulting trust or unjust enrichment claim when one party pays the mortgage expecting to gain an ownership interest. You need clear evidence—such as a written agreement or correspondence—showing that the titleholder promised to grant you an interest. Without documentation, courts generally deny these claims.
Helpful Hints
- Obtain a written agreement if someone expects to share ownership in exchange for mortgage payments.
- Verify the deed at the county recorder’s office to confirm who holds title.
- Keep detailed records of all payments, communications, and any promises made in writing.
- Consider co-signing a deed or creating a co-ownership agreement if you plan to contribute significant funds.
- Consult a real estate attorney before making large payments on a property you do not own.