Detailed Answer
If you pay the mortgage but your name is not on the deed, you do not automatically acquire legal title to the property. Under Hawaii law, legal title and equitable interest differ. The deed shows the legal owner, and mortgage payments alone do not change who holds title. For a court to recognize your contribution as an ownership interest, you generally need a written agreement signed by the title holder. Hawaii’s Statute of Frauds requires that any agreement transferring an interest in real property be in writing. See HRS §502-11.
In limited circumstances, courts may impose a resulting trust or constructive trust to reflect the true intent of the parties. A resulting trust can arise when someone furnishes purchase money or mortgage payments but title is taken in another name. To succeed, you must present clear evidence that both parties intended you to gain an interest. Without a written agreement, courts rely on equitable principles and outcomes vary.
Hawaii is not a community property state. Even a spouse who pays mortgage installments may not gain automatic ownership unless both names appear on the deed or there is a written agreement.
Because enforcing or disputing an equitable interest involves complex legal and evidentiary standards, it’s wise to consult a qualified attorney to review your specific situation.
Disclaimer: This information is for educational purposes only and is not legal advice.
Helpful Hints
- Obtain a written co-ownership or mortgage contribution agreement before making payments.
- Record any claimed interest by filing a memorandum or lien with the Hawaii Bureau of Conveyances.
- Keep detailed records of all mortgage payments and communications with the title holder.
- Remember that only a signed deed can transfer legal title.
- Consult a real estate attorney early to explore possible equitable remedies.